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3311590/2023Partially Successful

The Whittington Health NHS Trust

6 June 2025England & WalesEmployment Judge Lewis
GOV.UK

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.

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.

Claim Types

Cited Laws and Legal Issues

Equality Act 2010 sex / pregnancy discriminationEquality Act 2010

The tribunal found indirect sex discrimination and less favourable treatment due to part-time working

Decision Text

- 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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Employer

Respondent

The Whittington Health NHS Trust

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Case Details

Case Number
3311590/2023
Tribunal
Employment Tribunal
Level
First instance
Decision Date
06/06/2025
Published
15/07/2025
Jurisdiction
England & Wales
Judge
Employment Judge Lewis