Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

hmctsA former NHS employee has won substantial damages after he was successful in a disability discrimination claim against the Trust that he was previously employed by.

Mr Waddingham brought a claim against the NHS Business Services Authority after his dismissal in 2013 and was awarded £115,000 in compensation earlier this year, with an Employment Tribunal finding the NHS Trust liable for discrimination arising from disability and a failure to make reasonable adjustments for his disability after he was required to undergo a competitive interview process despite undergoing treatment for cancer at the time.

Mr Waddingham commenced employment with the NHS in 1984 and worked in a variety of roles in the organisation. In 2012 Mr Waddingham was informed that his role was at risk of redundancy because of a reorganisation. The reorganisation involved redundant staff being moved into new roles if there was at least a 51% match between their old role and new role, and then being interviewed for the new role if a match was established. Only if the staff member scored 75% in the interview would they be considered for appointment to the role.

He was diagnosed with throat cancer at the end of 2012 and began radiotherapy treatment in early 2013. Shortly after he commenced radiotherapy treatment he applied for a vacant position and agreed to undergo the competitive interview process, knowing that the position would only be available for a short period of time. He only, however, scored 54% for his answers to the interview questions, short of the 75% score required, and was not appointed to the position.

After his failure to obtain the position Mr Waddingham brought Employment Tribunal claims for discrimination arising from disability (under s.15 of the Equality Act 2010) and for his employer’s failure to make reasonable adjustments for his disability (under s.20 of the Equality Act 2010).

An Employment Tribunal upheld Mr Waddingham’s claims for discrimination arising from disability and failure to make reasonable adjustments.

The Tribunal found that it is likely that he had been adversely affected by having to undergo the competitive interview process as he was fatigued, was under the influence of a “cocktail of drugs”, had attended hospital for radiotherapy on the morning of the interview, was not eating well, and had not had the time to properly prepare for the interview, and therefore that this adverse treatment had arisen because of his condition. The Respondent failed in its argument that the failure to appoint him to the position had a legitimate aim, as it wished to appoint the best candidate for the role.

The Tribunal also found that it would have been a reasonable adjustment for Mr Waddingham to have been assessed for the role without the need for a competitive interview and that other materials available from his long service (including previous appraisals) could have been utilised instead.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Organisations have a duty towards their employees (as well as other types of worker) not to subject them to unfavourable treatment because of their disability, or fail to put in place reasonable adjustments for their condition. In this case the employer failed to uphold these responsibilities and was found liable.”

 

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk.

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.52 Average

21 Reviews

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 1 month ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 1 month ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 1 month ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 1 month ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 2 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 2 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 2 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 2 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 2 months ago

Anonymous

Excellent work delivered with great quality

Posted 2 months ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 2 months ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 2 months ago

Anonymous

Resolved my issues

Posted 2 months ago

Keith

Quick fast professional service.

Posted 2 months ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 2 months ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 2 months ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 2 months ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 2 months ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 2 months ago