Wrightington Wigan and Leigh Teaching Hospitals NHS Foundation Trust

Case Summary

The tribunal dismissed the claimant's claims of direct disability discrimination and discrimination arising from disability, finding that the reason for withdrawing the job offer was the claimant’s withdrawal of her original referees.

The tribunal found that the claimant's claims of disability discrimination failed on their merits because the reason for withdrawing the job offer was the claimant's withdrawal of her original referees, not her disability.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •withdrawal of job offer due to disability or something arising from disability
• •disability status of the claimant

RESERVED JUDGMENT Case No. 2411744/2023 1 EMPLOYMENT TRIBUNALS Claimant: Dr E Kariki Respondent: Wrightington Wigan and Leigh Teaching Hospitals NHS Foundation Trust Heard at: Manchester (on a hybrid basis) On: 14, 15 and 16 April 2025 2 June 2025 Before: Employment Judge Cookson Mrs A Jackson Ms J Newshome REPRESENTATION: Claimant: In person supported by her husband Respondent: Ms A Rumble (counsel) JUDGMENT It is the unanimous decision of the Tribunal that: 1. The Claimant’s claim of direct disability discrimination is not well-founded and is dismissed. 2. The complainant’s claim of discrimination because of something arising in consequence of disability is not well founded and is dismissed. 3. No order is made in relation to the deposit paid by the Claimant in relation to complaint 2 above on the basis that the Claimant has appealed against the making of the Deposit Order and in those circumstances, it would not be in accordance with the overriding objective for us to reach conclusions about what should happen to the deposit. RESERVED JUDGMENT Case No. 2411744/2023 2 REASONS Introduction 1. The Claimant is a radiologist. This complaint related to the withdrawal of an offer of a position as a senior clinical fellow in musculoskeletal radiology at the Respondent which the Claimant alleges was withdrawn either because of her disability or for a reason arising out of her disability. 2. The Claimant undertook early conciliation between 1 September 2023 and 13 October 2023 and lodged her claim on 13 November 2023. 3. The Claimant brought claims of direct disability discrimination and discrimination because of something arising in consequence from disability following the withdrawal of the conditional job offer on 2 June 2023. The Claimant says that she is disabled by anxiety and depression. The Respo…