Ms V Tilford v The Secretary of State for Justice — 2025

The claimant brought claims of indirect discrimination and harassment relying on age and sex. The indirect discrimination claims concerned the requirement that she satisfactorily complete a recruitment fitness test. The tribunal accepted that the respondent applied that PCP and concluded, on balance, that it would put persons of the claimant's age group and gender, including the claimant, at a particular disadvantage.

The tribunal found that the recruitment fitness test was part of a wider regime including support, multiple attempts, occupational health input, the possibility of an adjusted test and potential redeployment. It held that the respondent's aims were evidentially supported and that applying the PCP was a proportionate means of achieving those aims, with no lesser means identified.

For harassment, the claimant relied on repeated requests between 18 August 2023 and 29 August 2024 to participate in the Recruitment Test and/or RAFT. The tribunal found that the requests related to her recruitment status rather than age or sex, and in any event it was not reasonable to view the conduct as having the proscribed effect. All claims were dismissed.