3311590/2023Partial success

The Whittington Health NHS Trust

v K E Soans

6 June 2025·Employment Tribunal·England & Wales·Employment Judge Lewis

Respondent

The Whittington Health NHS Trust

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Decision date

6 June 2025

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Lewis

Case Summary

The tribunal found indirect sex discrimination and less favourable treatment due to part-time working status, awarding £19,000 for injury to feelings and £3,165 interest.

Why this outcome?

The tribunal found that the respondent treated the claimant less favourably on grounds of sex and part-time working status, constituting indirect sex discrimination, and awarded compensation for injury to feelings and interest accordingly.

Key Issues

  • Averaging the claimant’s interview score for the post of Islington Operational Lead and not offering her the post as a result was indirect sex discrimination contrary to section 19 of the Equality Act 2010.
  • Averaging the claimant’s interview score for the post of Islington Operational Lead and not offering her the post as a result was less favourable treatment because of her status as a part-time worker contrary to the Part-Time Workers Regulations 2000.

Decision Text

Full PDF

- 1 - EMPLOYMENT TRIBUNALS Claimant Respondent Keisha Emily Soans The Whittington Health NHS Trust Heard at: London Central On: 3, 4, 6 June 2025 In chambers: 5 June 2025 Before: Employment Judge Lewis Mr P Secher Ms L Venner Representation For the Claimant: Ms E Margetts, Counsel For the Respondent: Miss B Clayton, Counsel JUDGMENT The unanimous decision of the tribunal is that: 1. Averaging the claimant’s interview score for the post of Islington Operational Lead and not offering her the post as a result was indirect sex discrimination contrary to section 19 of the Equality Act 2010. 2. Averaging the claimant’s interview score for the post of Islington Operational Lead and not offering her the post as a result was less favourable treatment because of her status as a part-time worker contrary to the Part-Time Workers Regulations 2000. 3. The claimant is awarded £19,000 for injury to feelings and £3,165 interest (8% from 9 May 2023 – 6 June 2025 (760 days) is £3,165 (£19,000 x 8% = £1,520. Divide by 365, multiply by 760 = £3,165). - 2 - ________________________________________ Employment Judge Lewis Dated: 6 June 2025....................................... Judgment and Reasons sent to the parties on: 17 June 2025 ............................................................................... ............................................................................... For the Tribunal Office

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