NHS Trust Redundancy Dismissal Partially Overturned in Disability Discrimination Case
The Employment Appeal Tribunal has partially overturned a decision, finding an NHS Trust failed to properly consider a disability discrimination claim related to redundancy.
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Employment Appeal Tribunal Partially Upholds Disability Discrimination Claim Against NHS Trust
The Employment Appeal Tribunal (EAT) has partially upheld an appeal by Mrs. L. Marshall against East & North Hertfordshire NHS Trust, following her dismissal for redundancy in January 2021. Mrs. Marshall had originally brought claims of disability discrimination, harassment, victimisation, protected disclosure detriment, and unfair dismissal to an Employment Tribunal, which dismissed all her claims.
Grounds of Appeal
Mrs. Marshall appealed on two grounds. Firstly, she argued that the original tribunal failed to consider an element of her disability discrimination complaint under Section 15 of the Equality Act 2010, specifically concerning an incident on 21 September 2019 when she was sent home and instructed to take sick leave. Secondly, she contended that her dismissal for redundancy was unfair because the Trust failed to consider her for two Infection Protection and Control (IPC) Nurse roles that became available in June and August 2020.
EAT Decision
The EAT, presided over by The Hon. Lord Fairley, allowed the appeal on the first ground. The Tribunal acknowledged the complexity of the case but found that the original tribunal had not considered or ruled upon the specific aspect of the Section 15 Equality Act complaint relating to the 2019 incident. The case was remitted back to the same tribunal to rule on this issue.
However, the EAT dismissed the second ground of appeal, finding that the original tribunal did not err in considering the fairness of Mrs. Marshall's dismissal for redundancy. The EAT noted that the original tribunal had made findings that Mrs. Marshall had indicated she was not interested in ward-based roles, which were a significant part of the IPC Nurse positions, due to concerns about the COVID-19 pandemic.
Implications for Employers
This case highlights the importance of thoroughly considering all aspects of a disability discrimination claim, particularly in complex cases with numerous issues. Employers must ensure that tribunals address each element of a claimant's argument. Furthermore, it reinforces the need to carefully consider suitable alternative employment during redundancy situations, taking into account an employee's skills, experience, and expressed preferences.
Read the entire judgement here: Mrs L. Marshall v East & North Hertfordshire NHS Trust [2025] EAT 46
