South Warwickshire NHS Foundation Trust v Lee & Ors [2018] UKEAT 0287_17_1107 (11 July 2018)

South Warwickshire NHS Foundation Trust v Lee & Ors [2018] UKEAT 0287_17_1107 (11 July 2018)

The Employment Tribunal correctly found that the discriminatory reference from Mrs Mason had more than a minor influence on the decision to withdraw the job offer, shifting the burden to South Warwickshire to prove the withdrawal had nothing to do with the reference. South Warwickshire failed to discharge this burden. The Tribunal also correctly found that the withdrawal was not objectively justified as a proportionate means of achieving a legitimate aim, as less discriminatory alternatives were available. The appeal was dismissed.

Citation
[2018] UKEAT 0287_17_1107
Parties
Appellant: South Warwickshire NHS Foundation Trust; First Respondent (claimant): Mrs Lee; Second Respondent: Staffordshire and Stoke NHS Trust; Third Respondent: Mrs Mason
Jurisdiction
United Kingdom
Judgment Date
11 July 2018
Procedural Posture
Employment Appeal / Full Hearing of Appeal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Section 15 Equality Act 2010, Employment References, Burden of Proof, Objective Justification
Employment Law Equality Law Disability Discrimination Section 15 Equality Act 2010 Employment References Burden of Proof Objective Justification

Case Brief

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Parties

South Warwickshire NHS Foundation Trust

Appellant

Mrs Lee

First Respondent (claimant)

Staffordshire and Stoke NHS Trust

Second Respondent

Mrs Mason

Third Respondent

Procedural Posture

Employment Appeal / Full Hearing of Appeal

Legal Issues

  1. 1 Whether the withdrawal of a conditional job offer constituted disability discrimination under section 15 Equality Act 2010 where more than one reason influenced the decision.
  2. 2 Whether the Employment Tribunal applied the correct legal test for causation and justification under section 15 Equality Act 2010.

Ratio Decidendi

The Employment Tribunal correctly found that the discriminatory reference from Mrs Mason had more than a minor influence on the decision to withdraw the job offer, shifting the burden to South Warwickshire to prove the withdrawal had nothing to do with the reference. South Warwickshire failed to discharge this burden. The Tribunal also correctly found that the withdrawal was not objectively justified as a proportionate means of achieving a legitimate aim, as less discriminatory alternatives were available. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by South Warwickshire NHS Foundation Trust is dismissed.