Northamptonshire Primary Care Trust has been found liable at an Employment Tribunal of discriminating against a man from Northampton on the grounds of his disability.
The Trust will now pay more than £25,000 to Dale Morgan, from Northampton, after they failed to make reasonable adjustments due to Dale’s disability, Asperger’s Syndrome, which is on the autistic spectrum.
Dale had applied for a job as an information analyst with the Trust in January 2009, while he was already working for them in a temporary capacity. During his interview, he advised them that he suffered with this disability and discussed at length during the interview that he suffered from stress and anxiety, relating to his disability, and how this affected him.
Further to the interview, Dale was offered the job subject to satisfactory references. However the job offer was withdrawn the day before he was due to see an Occupational Health specialist that had been arranged for him. No explanation was given as to why the job offer was withdrawn.
Dale went to see the Occupational Health specialist regardless, in order that he could attempt to ascertain why the job offer was withdrawn. Dale discussed his problems and the specialist considered what adjustments would allow him to begin employment.
Despite this, he was advised that the job offer remained withdrawn due to the fact that his references were unsatisfactory. Consequently Dale obtained copies of these references and he believed that the reason his job offer was withdrawn was because the Trust took into consideration unsatisfactory elements within those references that were directly related to his disability.
Dale raised issues with the PCT before issuing his claim. The Judge found that Dale raised these difficult issues of disability discrimination which the PCT clearly did not wish to address. The Trust fell back on its policy requiring two references and although as detailed within that policy, members of the interview panel are encouraged to be aware of the possibility of discrimination being a factor within an unsatisfactory reference, the PCT deliberately gave the disability no further consideration.
The Trust failed to make any reasonable adjustments when considering the references that they received.
Dale said: “After more than two years of stress in dealing with this case, I am relieved that the Employment Tribunal has found in my favour.
“After the job offer was withdrawn, I attempted to open a dialogue with the Trust to ascertain why this was the case. But they completely ‘shut down’ and wouldn’t speak to me. With all the resources at the Trust’s disposal, I am shocked that they chose to handle the situation in the way they did.
“I hope that by speaking up about this it will help other disabled job seekers who have or will face similar discrimination.”
Dale was represented by Stephensons Solicitors LLP.
Paul Quinn, an associate employment solicitor at Stephensons, said: “We are pleased that Dale was successful in challenging the Trust at the Employment Tribunal. Despite his willingness to discuss the matter and attempts to resolve the situation without legal proceedings, the Trust was reluctant to do so.
“Instead of unswervingly adhering to the Trust’s own ‘two satisfactory references policy’ the Trust should have also given consideration to their own guidance on this issue. If they had, they then could have considered a whole host of adjustments that were not likely to be expensive, time consuming or difficult to arrange’
“It is unfortunate that an NHS trust would discriminate against an individual based on their disability and this cannot be ignored.”
Stephensons’ employment specialists are recommended in the Legal 500, an independent guide to the legal profession. They can help individuals with a range of legal problems including employee rights, unfair dismissal, redundancy, conditions and contracts of employment, pay disputes, discrimination, and much more.
ENDS
About Stephensons:
The latest edition of the Legal 500 ranks Stephensons and recommends the Employment department. The firm has 30 partners and around 370 staff in seven regional offices across Greater Manchester and Merseyside. For more information visit www.stephensons.co.uk
Media information: Lianne Tracey
Stephensons Solicitors LLP
T: 01616 966 229