NHS England

Case No: 1402219/2022 1 EMPLOYMENT TRIBUNALS Claimant: Dr Rebecca Marsh Respondent: NHS England Heard at: Exeter On: 30 June – 04 July 2025 Before: Employment Judge Gray-Jones Representation: Claimant: Mr Michael Smith, Counsel Respondent: Miss Amy Smith, Counsel JUDGMENT 1. The Claimant’s complaint of discrimination arising from disability under s.15 Equality Act 2010 is well-founded and succeeds. 2. The Claimant’s complaint of failure to make reasonable adjustments under ss.20 – 21 Equality Act 2010 is well-founded and succeeds. REASONS 1. In a claim presented on 11 July 2022 the Claimant made complaints of disability discrimination against the Respondent. The complaints were of discrimination arising from disability under s.15 Equality Act 2010, failure to make reasonable adjustments under ss.20 - 21 Equality Act 2010 and indirect disability discrimination under s.19 Equality Act 2010. 2. The Claimant was a doctor in postgraduate training and the complaints against the Respondent are pursued under ss.53 - 55 Equality Act, on the basis that the Respondent is a qualifications body or an employment service-provider. The Respondent accepts that it is both and no jurisdictional issues are raised in relation to this. 2 3. The Claimant’s complaints arise from the decision of an Annual Review of Competence Progression (“ARCP”) panel arranged by the Respondent to issue an Outcome 4 in relation to the Claimant on 18 February 2022. An Outcome 4 indicates a sustained lack of progress in training despite additional support being provided and results in the doctor’s release from the training programme. 4. The Claimant has been represented by Mr Smith and the Respondent by Miss Smith, both of Counsel. The Tribunal heard evidence from...