The Princess Alexandra Hospital NHS Trust

Case Summary

The claimant brought claims of disability discrimination and unfair dismissal against the respondent after the respondent withdrew a job offer to the claimant. The Tribunal found the claims were not well-founded and dismissed them.

The tribunal heard the claims on their merits and found that the claimant had not established the elements necessary to succeed in either the disability discrimination claim under section 15 of the Equality Act 2010 or the reasonable adjustments claim under sections 20 and 21 of the Equality Act 2010.

• •unfavourable treatment because of something arising in consequence of disability
• •failure to make reasonable adjustments for disability

1 EMPLOYMENT TRIBUNALS Claimant: Dr Mohamad Abdulwhhab Respondent: The Princess Alexandra Hospital NHS Trust Heard at: East London Hearing Centre (via CVP) On: 20 – 22 May 2025 and 16 June 2025 17 June 2025 (in chambers) Before: Employment Judge Sugarman Members: Mrs Saund Ms Clark Representation Claimant: Self Representing Respondent: Melanie Sharp, Counsel JUDGMENT The unanimous judgment of the Tribunal is as follows: 1. The complaint of unfavourable treatment because of something arising in consequence of disability, pursuant to section 15 of the Equality Act 2010, is not well-founded and is dismissed. 2. The complaint of failure to make reasonable adjustments for disability pursuant to sections 20 and 21 of the Equality Act 2010 is not well-founded and is dismissed. REASONS Background 1. By way of a Claim Form presented on 30 June 2024, following ACAS Early Conciliation between 28 April 2024 and 9 June 2024, the claimant presented claims of disability discrimination and unfair dismissal arising out of the 2 respondent’s withdrawal, on 23 April 2024, of a job offer made to the claimant. In its Response, the respondent denied the claims. 2. There was a Preliminary Hearing on 2 October 2024 in front of Employment Judge Gardiner. The claimant did not have two years’ service so as to bring a claim for ordinary unfair dismissal but argued his dismissal was automatically unfair. Employment Judge Gardiner decided that there was no automatic unfair dismissal claim within the Claim Form and refused permission to add such a claim by way of amendment. The disability discrimination claim was discussed and a List of Issues set out. 3. Thereafter, the claimant lodged a second Claim Form. There was a further Preliminary Hearing before Employment Judge Shore on 3 March 2025. The claimant withdrew …