Harlow hospital discriminated against employee with disabilities, tribunal finds

The hospital declined to comment because another tribunal hearing may take place

A hospital discriminated against an employee with disabilities after he asked to switch to part-time work, a tribunal concluded.

The claimant worked as an A&E clerical coordinator at Princess Alexandra Hospital in Harlow, Essex, when he asked to switch from full-time hours.

A senior manager refused the request from the employee, who had several chronic physical conditions.

The NHS declined to comment because legal proceedings were still ongoing.

The discrimination complaint was upheld but the employment tribunal judge concluded additional claims of "failure to make reasonable adjustments" and "harassment related to disability" were not "well-founded" and were dismissed.

The claimant had Scheuermann's disease and fibromyalgia

"This failure to take his disability into account was discriminatory," said judge Stephen Bedeau.

"The detriment he suffered was that his disability was ignored leading to an ill-informed decision."

The tribunal heard the claimant was promoted to his new job in October 2021.

While waiting for a start date he worked as a temporary contractor, but after three long shifts that aggravated his "severe fibromyalgia", he asked to switch to part time and to continue working as bank staff.

He also had Scheuermann's disease and a pars defect.

'Not considered'

Thirteen minutes after he emailed a request to the reception supervisor in A&E, she responded and wrote: "It would not suit the needs of the business for a part-time position.

"As you know, we have run short staffed for quite some time, and I really want to get the team back up to full numbers... this would not be something I would want to commit to being as you struggle at times with your health problems and no disrespect to you, but I really need to know that shifts would not be cancelled at short notice."

He went on sick leave two days later, the court heard.

The trust's HR department admitted in a later email - after he had lodged a grievance - that his "disability was not taken into consideration".

The tribunal was heard at the East London Hearing Centre in June this year and the judgement was published last week.

A remedy hearing - if the two parties have not reached a settlement - was fixed at the court for 20 October.