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6004845/2024Partially Successful

Royal Marsden NHS Foundation Trust

22 January 2026England & WalesEmployment Judge Davidson
GOV.UK

Case Summary

The claimant, Ms A Rezaei, brought claims of disability discrimination and failure to make reasonable adjustments against her employer, the Royal Marsden NHS Foundation Trust. The Tribunal found that the respondent failed to make reasonable adjustments but dismissed the claims of direct discrimination and discrimination arising from disability.

Key Issues

  • Direct discrimination (section 13 EqA)
  • Discrimination arising from Disability (section 15 EqA)
  • Duty to make reasonable adjustments (section 20 EqA)

Claim Types

Disability DiscriminationFailure To Make Reasonable Adjustments

Decision Text

EMPLOYMENT TRIBUNALS Claimant: Ms A Rezaei Respondent: Royal Marsden NHS Foundation Trust Heard at: London Central On: 19, 20, 21 January 2026 Before: Employment Judge Davidson Mr S Godecharle Mr L Tyler REPRESENTATION: Claimant: in person Respondent: Mr A Ohringer, Counsel JUDGMENT 1. The complaint of direct disability discrimination is not well-founded and is dismissed. 2. The complaint of unfavourable treatment because of something arising in consequence of disability is not well-founded and is dismissed. 3. The complaint of failure to make reasonable adjustments for disability is well-founded and succeeds. 4. The claimant’s application for a Preparation Time Order succeeds in part. 5. The respondent shall pay the claimant the following sums: a. Compensation for injury to feelings: £6,000.00; b. Interest on compensation for injury to feelings calculated in accordance with the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996: £840.00. c. Preparation Time of 20 hours at £44 per hour: £880.00 REASONS Issues 1. The issues were set out by EJ Bartlett at a case management hearing on 27 February 2025 as follows: 1. Direct discrimination (section 13 EqA) 1.1. Did the respondent treat the claimant less favourably than it treats or would treat others because of disability by, in April 2024 by not offering the Pathology Operations Manager position to the claimant when the successful applicant from the interview process of 20 February 2024 declined the job offer? 1.2. Was there any material difference between the circumstances of the claimant and the other applicant (Reza Mirzu) who was then offered the position instead of the claimant? 1.3. The claimant relies on Reza Mirzu as the comparator. 1.4. If there was less favourable treatment of the claimant, was this less favourable treatment because of the claimant's disabili...

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Employer

Respondent

Royal Marsden NHS Foundation Trust

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Case Details

Case Number
6004845/2024
Decision Date
22/01/2026
Published
05/03/2026
Jurisdiction
England & Wales
Judge
Employment Judge Davidson