The Newcastle upon Tyne Hospitals NHS Foundation Trust

Case Summary

The Employment Tribunal dismissed all claims made by Miss D Foster against The Newcastle upon Tyne Hospitals NHS Foundation Trust, including direct discrimination based on disability.

The tribunal dismissed all claims, including direct discrimination based on disability, indicating the claims were rejected on their merits following a full hearing.

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

• •refusal to appoint claimant to a full-time role in the EAS
• •withdrawal of conditional offer and offering part-time roles
• •requiring claimant to work as a Healthcare Assistant before appointment as a Registered Nurse

1 of 2 August 2020 EMPLOYMENT TRIBUNALS Claimant: Miss D Foster Respondent: The Newcastle upon Tyne Hospitals NHS Foundation Trust Heard at: Newcastle On: 4, 5, and 6 April 2022 and remotely by video on 7 April 2022 Before: Employment Judge S Shore NLM – Mr D Morgan NLM – Ms K Fulton Appearances For the claimant: In person For the respondent: Ms Niaz Dickinson, Counsel JUDGMENT AND REASONS ON LIABILITY The unanimous decision of the Tribunal is that: 1. The claimant’s claims of direct discrimination because of the protected characteristic of disability (contrary to section 13 of the Equality Act 2010) are determined as follows: 1.1. First Claim – That the respondent refused to appoint the claimant to a full-time role in the EAS fails. 1.2. Second Claim - That the respondent withdrew the conditional offer made to the claimant and offered her part-time roles fails. 1.3. Third Claim - That the respondent required the claimant to work as a Healthcare Assistant before it would appoint her as a Registered Nurse fails. 2. The claimant’s claims of discrimination arising from disability (contrary to section 15 of the Equality Act 2010) are determined as follows: 2 of 2 August 2020 1.1. First Claim – That the respondent refused to appoint the claimant to a full-time role in the EAS fails. 1.2. Second Claim - That the respondent withdrew the conditional offer made to the claimant and offered her part-time roles fails. 1.3. Third Claim - That the respondent required the claimant to work as a Healthcare Assistant before it would appoint her as a Registered Nurse fails. 2. The Tribunal does not need to consider remedy because all the claimant’s claims have been dismissed. Employment Judge Shore 7 April 2022 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless…