Mr S Gray Mr A Ross Dr A v NHS Education for Scotland and 1 other — 2019

The claimant, a trainee anaesthetist with recurrent depressive disorder, brought disability discrimination claims against NHS Education for Scotland and Lothian Health Board, and unfair dismissal and disability discrimination claims against Lothian Health Board. The tribunal found that NHS Education for Scotland had actual or constructive knowledge of disability from mid-December 2013 at the latest, and that several training-related PCPs were applied to the claimant.

Against NHS Education for Scotland, the tribunal found that the PCPs caused group and individual disadvantage and that the Outcome 3 and Outcome 4 arose in consequence of disability. However, it dismissed the indirect discrimination, section 15, and reasonable adjustment claims because it held the relevant treatment or PCPs were justified, and the proposed adjustments were not reasonable, in light of the patient safety risk it found could not be adequately managed.

Against Lothian Health Board, the tribunal dismissed the reasonable adjustments claim because it found that the Board had not applied the training-related PCPs. It upheld the unfair dismissal claim because the Board did not complete its consideration of alternative employment before dismissing the appeal against dismissal. It also upheld the section 15 disability discrimination claim because dismissal was found to be disproportionate while a potentially suitable non-training vacancy had not been assessed for competence and patient safety.