Dr Hannah Delmas v NHS England — 2024

The claimant, an F1 doctor, was diagnosed with cancer in March 2021 and was absent from training for a substantial period while receiving treatment. The respondent amended her ARCP position and required her to undertake further F1 training before progressing to F2. The tribunal noted concerns about the clarity of the respondent's process and communications, but stated that it was considering the substantive decisions rather than procedural fairness.

For the reasonable adjustments claim, the tribunal found that the respondent applied PCPs relating to the time-based F1 requirement and review of absences over 20 days, and that these put the claimant at a substantial disadvantage by delaying her progression and, in practice, preventing her from applying for anaesthetic specialty training at the relevant time. It held, however, that allowing her to proceed to F2 without any additional F1 training was not a reasonable step, given the length of time away from clinical practice, the time-based element of F1 training, and the differences between F1 and F2 responsibilities.

For the section 15 claim, the tribunal accepted that requiring further F1 training was unfavourable treatment because the claimant's peers progressed to F2 as planned and she would have done so but for her absence. It accepted the respondent's aims of ensuring adequate support and preparation for F2 and ensuring sufficient clinical exposure for professional development and patient safety, and found the requirement for a period of further F1 training proportionate. Both claims were dismissed, with time extended on a just and equitable basis where necessary.