Employee Receives £115,000 Award After Failed Interview
9 December 2015
Waddingham v NHS Business Services Authority
As part of a reorganisation within the NHS, an employee (Mr Waddingham) was informed that his job may be at risk. The NHS proposed to select existing staff to place within the new structure. This exercise was to be undertaken via a ‘competitive interview’ process, under which a score of at least 75% had to be obtained in order to be considered.
Shortly before his interview, Mr Waddingham began eight weeks of treatment for throat cancer. Despite being informed that the interview could be arranged around his health situation, Mr Waddingham suggested that it would be preferable to meet sooner rather than later. He then proceeded to score 54% and therefore fell below the required criteria.
Following this, he brought a successful claim at tribunal for the failure of the NHS to make reasonable adjustments. Despite the willingness to be flexible with regards to the interview, it was held that the requirement to attend a competitive interview placed Mr Waddingham at a substantial disadvantage when compared to non-disabled applicants. Considering Mr Waddingham’s prior service for the NHS, a clear alternative was to base the decision on existing material, such as past performance appraisals. Mr Waddingham received a total of £115,056.42 in compensation for loss of earnings, loss of pension, injury to feelings and interest.
This is a clear reminder of employers’ positive obligations with regards to considering what adjustments may be reasonable when dealing with a disabled applicant. At Alpha, we are experienced at providing the advice you need in order to protect your company. If you would like to have Alpha on your side, please feel free to contact us.
Martin Kaye have provided advice in some highly complex HR matters and they continue to provide our day to day HR advice through their "ALPHA" HR scheme. They offer a very commercial and pragmatic approach and we have always been impressed by the level of service. The members of staff are approachable and easy to deal with.
Eurofilms Extrusion Ltd
Martin Kaye have provided us with employment and HR advice for several years and we have been very pleased with the level of service and quality of advice provided. We have no hesitation in recommending the team to any organisation which wishes to manage its employment related enquiries.
D Wauchope, Company Secretary
McPhillips (Wellington) Ltd
As a large employer of cleaning personnel, we require expert and prompt employment related advice. Martin Kaye's "ALPHA" service provides this in a clear and robust manner. We have been extremely impressed with the service and would thoroughly recommend them to any employer requiring expert HR & employment support.
J Conry, Chairman
It is important for us to create a close relationship with our advisors. Martin Kaye's "ALPHA" HR service is excellent. It enables us to work closely with our lawyers particularly in the complex area of employment law.
Johnny Hobeika, Operations Manager
Sanita (UK) Ltd
Martin Kaye are rated
out of 5
based on 20 testimonials.