The NHS pulled a job offer to phone worker with a stammer

An NHS trust has been found to have wrongly rescinded a job offer from an individual with a stammer who requested the ability to make private phone calls due to his disability, according to a tribunal ruling.

 

Nazakat Ali had successfully applied for a position in the Freedom of Information department at Pennine Care NHS Foundation Trust. However, his job offer was withdrawn after he inquired via email if he could initially make phone calls in private, citing his nervousness around people and how it exacerbated his stammer. His prospective boss contended that he had been "misled" during the interview, despite Mr. Ali's clear disclosure of his speech impediment.

 

Following the tribunal hearing in Manchester, an employment judge has ordered the trust to pay nearly £17,000 in disability discrimination compensation.

 

The tribunal heard that Mr. Ali, who had been employed by the health service in Stockport, applied for a position with the trust in January 2021. He was offered the role of subject access coordinator in the Subject Access and Freedom of Information department. During his interview, Mr. Ali openly discussed his nervousness around new people, which triggered his stammer. However, he assured the interviewers that this issue would improve as he became more familiar with his colleagues. Subsequently, he tendered his resignation with his existing employer.

 

The decision to cancel Mr. Ali's job offer was made by Paul Byrne, the trust's head of information governance and data protection officer, without any discussion with Mr. Ali. When Mr. Ali urged reconsideration, Mr. Byrne explained in an email that he couldn't be certain that the impediment wouldn't affect his job performance, adding that the withdrawal was not solely due to the speech impediment but rather a perceived misleading during the interview process.

 

The tribunal, led by Employment Judge Hilary Slater, upheld Mr. Ali's claim of disability discrimination and emphasized that the trust should have made "reasonable adjustments" concerning phone usage to accommodate his needs. Judge Slater stated, "We found [Mr. Ali] does have more difficulty in speaking in front of people he does not know well. We conclude that the complaint of failure to make reasonable adjustments is well founded."

 

E&K Solicitors

Rusholme