Pnaiser v NHS England & Anor (Disability Discrimination: Burden of proof) [2015] UKEAT 0137_15_0412 (04 December 2015)

Pnaiser v NHS England & Anor (Disability Discrimination: Burden of proof) [2015] UKEAT 0137_15_0412 (04 December 2015)

The Tribunal erred by imposing an impermissibly high hurdle for the burden of proof, requiring the appellant to show the only inference was discrimination. There were sufficient facts to infer that the negative reference and withdrawal of the job offer were at least partly due to disability-related absence, shifting...

Source-derived case information.

Citation
[2015] UKEAT 0137_15_0412
Parties
Appellant: Ms R Pnaiser; Respondent: NHS England; Respondent: Coventry City Council
Jurisdiction
United Kingdom
Judgment Date
04 December 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed; cross-appeal dismissed
Legal Topics
Disability Discrimination, Burden of Proof, Section 15 Equality Act 2010
Employment Law Discrimination Law Disability Discrimination Burden of Proof Section 15 Equality Act 2010

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Ms R Pnaiser

Appellant

NHS England

Respondent

Coventry City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was unlawfully discriminated against due to disability under section 15 of the Equality Act 2010
  2. 2 Whether the burden of proof was correctly applied by the Tribunal
  3. 3 Whether the negative reference and withdrawal of job offer constituted unfavourable treatment arising from disability

Ratio Decidendi

The Tribunal erred by imposing an impermissibly high hurdle for the burden of proof, requiring the appellant to show the only inference was discrimination. There were sufficient facts to infer that the negative reference and withdrawal of the job offer were at least partly due to disability-related absence, shifting the burden to the respondents. No justification was advanced. Findings of unlawful discrimination under section 15 are substituted against both respondents.

Court Disposition

appeal allowed; cross-appeal dismissed

Orders

  • Findings of unlawful discrimination under section 15 Equality Act 2010 substituted against both NHS England and Coventry City Council
  • Case remitted to Tribunal to deal with remedy