NHS Worker Wins Disability Discrimination Claim Over Flexible Working Refusal
An NHS employee has won a disability discrimination claim after an employment tribunal found her flexible working request was unjustly refused. The case highlights employer responsibilities.
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NHS Employee Wins Disability Discrimination Case
An NHS worker has successfully brought a disability discrimination claim against their employer after a tribunal found that their request for flexible working arrangements had been unfairly denied. The case underscores the importance of employers adhering to the Equality Act 2010 and carefully considering reasonable adjustments for disabled employees.
The claimant, who suffers from a disability, requested flexible working as a reasonable adjustment to manage her condition. The Employment Tribunal heard evidence that the NHS trust failed to adequately explore the feasibility of the proposed adjustments and unreasonably rejected the request, leading to a finding of unlawful discrimination.
Tribunal Findings
The tribunal ruled that the NHS trust's decision constituted discrimination arising from disability under Section 15 of the Equality Act. The judge criticised the employer's handling of the flexible working request, citing a lack of proper assessment and a failure to explore alternative solutions. The tribunal emphasised that employers have a duty to make reasonable adjustments to accommodate the needs of disabled employees, unless doing so would cause undue hardship.
Implications for Employers
This case serves as a reminder to employers, particularly within the public sector, to take their responsibilities under the Equality Act seriously. Employers must ensure that they have robust procedures in place for handling flexible working requests and that all decisions are based on a fair and objective assessment of the individual circumstances. Failure to do so could result in costly and damaging discrimination claims.
Employment law experts advise employers to seek legal counsel when dealing with complex cases involving disability and flexible working to ensure compliance with the law and best practices. Early legal advice can help mitigate the risk of costly employment tribunal claims.
Read the entire judgement here: DS v NHS Trust [2025] EWCA Civ 952
