Case 2502654/2019 · Employment Tribunal
Miss D Foster v The Newcastle upon Tyne Hospitals NHS Foundation Trust — 2022
- Case reference
- 2502654/2019
- Decision date
- 7 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Shore NLM
- Venue
- Newcastle
- Panel members
- Mr D Morgan NLM, Ms K Fulton NLM
Parties
2 namedClaimant
Miss D Foster
Key findings
Tribunal's reasoningThe tribunal, sitting with Employment Judge S Shore and lay members Mr D Morgan NLM and Ms K Fulton NLM, heard the case at Newcastle on 4, 5 and 6 April 2022 and remotely by video on 7 April 2022. The claimant appeared in person and the respondent was represented by counsel. In its unanimous liability decision, the tribunal dismissed all of the claimant’s claims.
The tribunal rejected the claimant’s three claims of direct discrimination because of disability under section 13 of the Equality Act 2010. Those allegations were that the respondent refused to appoint her to a full-time role in the EAS, withdrew a conditional offer and offered part-time roles instead, and required her to work as a Healthcare Assistant before it would appoint her as a Registered Nurse. Each of those direct discrimination claims failed.
The tribunal also rejected the claimant’s three claims of discrimination arising from disability under section 15 of the Equality Act 2010, based on the same three allegations. As all claims were dismissed, the tribunal stated that it did not need to consider remedy.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct discrimination claim under section 13 Equality Act 2010. First Claim: the respondent refused to appoint the claimant to a full-time role in the EAS. | Dismissed | Disability | — |
| Disability discrimination | Direct discrimination claim under section 13 Equality Act 2010. Second Claim: the respondent withdrew the conditional offer made to the claimant and offered her part-time roles. | Dismissed | Disability | — |
| Disability discrimination | Direct discrimination claim under section 13 Equality Act 2010. Third Claim: the respondent required the claimant to work as a Healthcare Assistant before it would appoint her as a Registered Nurse. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability claim under section 15 Equality Act 2010. First Claim: the respondent refused to appoint the claimant to a full-time role in the EAS. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability claim under section 15 Equality Act 2010. Second Claim: the respondent withdrew the conditional offer made to the claimant and offered her part-time roles. | Dismissed | Disability | — |
| Disability discrimination |
Legal tests applied
2 references- section 13 Equality Act 2010
- section 15 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.