Mrs G Morris v London Ambulance Service NHS Trust — 2020

The claimant alleged that she was not appointed to the Emergency Call Handling Supervisor role because she worked part-time. The respondent said she was not appointed because she did not reach the minimum mark in a competency assessment. The tribunal found that the claimant remained employed at band 4 and had not been demoted.

The tribunal found that the assessment process applied the same minimum pass mark to candidates across the relevant roles, and that the decision-maker who set the pass mark was not aware that the claimant worked part-time. The claimant scored below the reset 50% minimum, as did another candidate who worked full-time. The tribunal also noted that two part-time candidates were later appointed to remaining Emergency Call Handling Supervisor roles.

Although the tribunal found that the claimant's grievance had not been handled in line with the respondent's policy or the ACAS Code of Practice, it held that this did not affect the outcome of the Part-time Workers claim and no compensation was available. The tribunal concluded that the ground for the claimant's non-appointment was her competency assessment mark, not her part-time status, and dismissed the claim.