Claimant v [XX] University Teaching Hospitals NHS Trust
Outcome
Individual claims
The tribunal found the respondent failed to provide auxiliary aids as a reasonable adjustment for the claimant's disability. This resulted in injury to feelings warranting compensation.
The tribunal found discrimination under Section 15 of the Equality Act 2010 arising from the respondent's withdrawal of an offer. This constituted unfavourable treatment because of something arising in consequence of disability.
Facts
This is a remedy judgment following liability findings in favour of the claimant. The claimant succeeded in claims of disability discrimination under the Equality Act 2010. The tribunal found two separate acts of discrimination: failure to provide auxiliary aids as a reasonable adjustment, and Section 15 discrimination relating to the withdrawal of an offer.
Decision
The tribunal awarded no pecuniary loss. It awarded £18,000 for injury to feelings for the auxiliary aid failure and £25,000 for the Section 15 offer withdrawal discrimination. Aggravated damages of £2,000 were awarded. A 10% ACAS uplift was applied to all awards. Interest totalling £8,002 was awarded. The total award was £57,502.
Practical note
NHS trusts must ensure reasonable adjustments are implemented and avoid discrimination in recruitment processes, as failure can result in substantial injury to feelings awards with ACAS uplifts and interest.
Award breakdown
Vento band: middle
Adjustments
ACAS uplift of 10% applied to injury to feelings awards and aggravated damages for failure to follow ACAS Code
Legal authorities cited
Statutes
Case details
- Case number
- 1806606/2023
- Decision date
- 28 April 2025
- Hearing type
- remedy
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister