Ms A Rezaei v Royal Marsden NHS Foundation Trust — 2026

Three-member tribunal sitting in London Central heard the claimant's complaints against the Royal Marsden NHS Foundation Trust arising from her unsuccessful application for the role of Pathology Operations Manager. The complaints of direct disability discrimination and discrimination arising from disability (relying on the disability of anxiety) were dismissed. The complaint of failure to make reasonable adjustments was upheld.

The tribunal identified the relevant PCP as relying on interview performance — particularly conciseness of responses — as a major determining factor in selection. It found this PCP placed the claimant at substantial disadvantage. The respondent had been made aware of the claimant's anxiety but, when the original preferred candidate dropped out and the second-place candidate became determinative, the respondent did not consider whether the claimant's stated disability had impacted her interview performance or whether scores should be adjusted; the tribunal found that step would not have been onerous and should reasonably have been taken.

The tribunal awarded £6,000 for injury to feelings (placed in the middle of the lower Vento band) plus £840 interest under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996. The tribunal noted the award is compensatory not punitive, the liability finding related to a one-off incident in a competitive recruitment process, and the failure did not result in non-appointment, only in exclusion from the April 2024 reconsideration. The claimant's application for a Preparation Time Order succeeded in part, with 20 hours awarded at £44 per hour (£880).