Dr Mohamad Abdulwhhab v Princess Alexandra Hospital NHS Trust — 2025

The claimant brought disability discrimination claims after the respondent withdrew a job offer when pre-employment checks took longer than expected. The tribunal recorded that proposed unfair dismissal and wrongful dismissal issues were not before it, following earlier case management decisions and refused amendment applications.

The section 15 Equality Act 2010 claim was dismissed. The tribunal found that the claimant had not proved facts from which it could conclude that the withdrawal of the offer was because of the matters arising from disability relied upon, and stated that it accepted the respondent's evidence that the offer was withdrawn because of the extended pre-employment checks and a reconsideration of departmental resources.

The reasonable adjustments claim was also dismissed. Although the tribunal accepted there was a PCP about applicants making their own way to the recruitment office and that it placed the claimant at a substantial disadvantage because of mobility issues arising from MS, it found the respondent did not know and could not reasonably have been expected to know of the disability-related disadvantage, so the duty did not arise.