NHS Trust Disability Discrimination Case Remitted After Tribunal Error
The Employment Appeal Tribunal has overturned a ruling against Ms. A. Robinson, finding the original tribunal erred in its assessment of her disability discrimination claim against Nottingham Healthcare NHS.
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Employment Appeal Tribunal Finds Error in Disability Assessment
The Employment Appeal Tribunal (EAT) has ruled that an Employment Tribunal made errors of law in its assessment of whether Ms. A. Robinson was a disabled person at the relevant times during her employment with Nottingham Healthcare NHS Foundation Trust. This decision follows Ms. Robinson's appeal against the original tribunal's dismissal of her disability discrimination claims.
Background of the Case
Ms. Robinson was employed by the NHS Trust as a temporary staffing administrator from September 2020 until her resignation in June 2022. During her employment, she raised concerns about being unable to wear a mask and subsequently brought complaints of disability discrimination, citing generalised anxiety and panic disorder.
Tribunal's Initial Decision
The original Employment Tribunal, led by Employment Judge Shore, concluded that Ms. Robinson was not a disabled person under the Equality Act 2010 and dismissed her claims. This decision was based, in part, on the tribunal's assessment of the evidence provided by Ms. Robinson, including her impact statement and CBT scores.
Grounds for Appeal
Ms. Robinson appealed the decision, arguing that the Employment Tribunal had applied an overly strict test in determining whether there was a substantial adverse effect on her normal day-to-day activities. Her appeal also challenged the tribunal's handling of medical evidence, its approach to her reported sleep difficulties and driving ability, and its failure to consider whether mask-wearing was a normal day-to-day activity during the pandemic.
EAT's Findings
His Honour Judge Tayler, presiding over the EAT, found that the original tribunal had erred in law by:
- Requiring corroboration of Ms. Robinson's oral evidence.
- Taking an irrational approach to the medical evidence, specifically the CBT scores, by averaging them over a period rather than considering the most significant.
- Failing to properly consider the impact of Ms. Robinson's condition on her sleep and driving ability.
The EAT highlighted that the Employment Tribunal improperly rejected Ms. Robinson's evidence based on a lack of corroboration, failing to make clear findings of fact about her credibility or explain why her evidence was not accepted.
Remittal for Re-determination
As a result of these errors, the EAT allowed the appeal and remitted the case for re-determination by a new Employment Tribunal. This means a new tribunal will consider the issue of disability entirely afresh.
Read the entire judgement here: Ms A. Robinson v Nottinghamshire Healthcare NHS Foundation Trust [2025] EAT 39
