NHS England

Case Summary

The claimant claimed disability discrimination, failure to make reasonable adjustments, and victimisation against NHS England following a failed progression and redeployment process. The tribunal found that while aspects of the respondent's handling were unsatisfactory, the statutory tests under sections 15, 20 and 27 of the Equality Act 2010 were not established, and accordingly dismissed the claims.

The tribunal was not satisfied that the claimant established that her alleged behavioural traits arose in consequence of her ADHD diagnosis; the claimant's case risked conflating aspects of communication style and workplace disagreement with disability-related effects. The tribunal found insufficient evidence of a causal connection between the disability and the behaviours relied upon, and accordingly the necessary elements of the statutory claims were not made out.

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

• •Whether claimant was disabled within meaning of Equality Act 2010
• •Whether respondent applied provisions, criteria or practices causing substantial disadvantage
• •Whether respondent failed to make reasonable adjustments
• •Whether claimant's treatment amounted to discrimination arising from disability under section 15 Equality Act 2010
• •Whether claimant suffered victimisation under section 27 Equality Act 2010
• •Causal connection between claimant's behaviours and ADHD diagnosis
• •Fairness of feedback and non-selection for role

The full source document is available from the official publication page.