Five recent cases against NHS employers
We round up five recent cases against NHS employers that reached the Employment Appeal Tribunal (EAT), covering disability discrimination, religious discrimination, whistleblowing, human rights and unfair dismissal.
- Disability: NHS worker's claim over blood phobia rejected - In Brangwyn v South Warwickshire NHS Foundation Trust, the EAT rejected a reasonable adjustments claim by an NHS worker with severe phobias of blood and needles.
- Disability: withdrawal of job offer because of sickness absences in previous role - In West v Yorkshire Ambulance Service NHS Trust, the EAT upheld a claim for discrimination arising from disability against an employer that withdrew a job offer when it discovered the extent of the claimant's previous long-term ill-health absences.
- No right to privacy for emails and photos on iPhone relating to work colleague - In Garamukanwa v Solent NHS Trust, the EAT held that the employee had no reasonable expectation of privacy in respect of inappropriate emails and photographs on his iPhone relating to a work colleague that affected the workplace.
- Junior doctor could not bring whistleblowing claim against NHS training body - In Day v Lewisham and Greenwich NHS Trust and another, the EAT held that a junior doctor employed by an NHS trust could not bring a whistleblowing claim against Health Education England, the body responsible for training NHS staff.
- Religious discrimination: disciplinary action due to conduct, not Christian beliefs - In Wasteney v East London NHS Foundation Trust, the EAT held that an occupational therapist was subjected to disciplinary proceedings because of her own inappropriate actions, and not because she was manifesting her Christian beliefs.