Dr E Kariki v Wrightington Wigan and Leigh Teaching Hospitals NHS Foundation Trust — 2025

Dr E Kariki, a radiologist, applied for a senior clinical fellow post in musculoskeletal radiology and was offered the role in February 2022 subject to pre-employment checks. The start date was later deferred to 2 August 2023. In May 2023 the Respondent chased references, the Claimant queried the use of the originally named referees, and she then completed an occupational health questionnaire in which she referred to depression, previous adjustments, and ongoing counselling and psychiatric care.

The Tribunal found that the Claimant was disabled by depression at the material time. Applying section 6 Equality Act 2010 and the Schedule 1 long-term effect provisions, it accepted that her depression had had a substantial adverse effect on day-to-day activities and was likely to recur. It also accepted that the withdrawal of the offer occurred shortly after the questionnaire and without the Respondent following its own reference guidance, which was enough to shift the burden of proof on the direct discrimination complaint.

The Respondent then proved that Dr Tuano-Donnelly withdrew the offer because the Claimant would not allow contact with the originally named referees and, on her understanding, had not provided appropriate referee details. The Tribunal accepted that Dr Tuano-Donnelly was unaware of the Claimant’s disability and would have withdrawn the offer in the same way for a non-disabled applicant in those circumstances. The direct disability discrimination claim was therefore dismissed.

The section 15 claim also failed. Applying Pnaiser, the Tribunal held that although the withdrawal of the offer was unfavourable treatment, Dr Tuano-Donnelly did not know what the occupational health questionnaire said and was not influenced by the Claimant’s need for adjustments, therapeutic support, or psychiatric care. Because the alleged matters arising from disability could not have played any part in the decision, the Tribunal did not need to go on to consider justification. No monetary award was made.