Job offer withdrawn after part-time request due to disability: direct discrimination by NHS Trust
A job applicant with fibromyalgia had his offer withdrawn after requesting part-time hours. The tribunal found direct disability discrimination and awarded £8,067.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #job-offer-withdrawn
- #part-time-request
- #fibromyalgia
- #occupational-health
- #acas-code-uplift
Key facts
- The claimant has Scheuermann's disease, fibromyalgia, and Pars defect, which are admitted disabilities.
- He applied for and was conditionally offered a full-time Band 3 Clerical Co-ordinator role.
- He resigned from his Band 2 role before receiving a start date for the new role.
- On 24 November 2021, he requested part-time work due to his disabilities.
- Ms Jackson replied that she could not commit to Bank work because of his health problems.
- Ms Myers later acknowledged that the claimant's disability was not taken into account in the advice given.
Timeline
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Started Band 2 role
Claimant commenced full-time employment as Band 2 Clerical Supervisor.
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Applied for Band 3 role
Claimant applied for full-time Band 3 Clerical Co-ordinator in A&E.
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Interviewed and offered role
Claimant interviewed and was offered the Band 3 role.
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Resigned from Band 2 role
Claimant resigned from his Band 2 role, effective 28 October 2021.
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Last day in Band 2 role
Claimant's employment with the Trust terminated; he began Bank work.
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Requested part-time work
Claimant emailed Ms Tasker and Ms Jackson requesting part-time hours due to health.
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Ms Jackson's email
Ms Jackson replied stating she could not commit to Bank work due to his health problems.
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Job offer withdrawn
The claimant's application was marked as withdrawn by an unidentified staff member.
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Claimant lodged grievance
Claimant filed a grievance alleging disability discrimination.
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Ms Myers' email
Ms Myers acknowledged that the claimant's disability was not taken into account.
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Occupational Health referral
Ms Tasker referred claimant to Occupational Health without his consent.
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Pre-employment checks completed
Claimant informed all pre-employment checks were successful.
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Offer finally withdrawn
Respondent withdrew the offer due to lack of contact from claimant.
The legal issue
The tribunal had to decide whether the Trust directly discriminated against the claimant by refusing his request for part-time work and withdrawing his job offer because of his disability, and whether there was a failure to make reasonable adjustments or harassment.
The outcome
The tribunal upheld the claim of direct disability discrimination but dismissed claims for failure to make reasonable adjustments and harassment.
Key reasons:
- The email from Ms Jackson on 24 November 2021 explicitly referenced the claimant's health problems as a reason not to commit to Bank work.
- The Trust's HR team later acknowledged that the claimant's disability was not taken into account in the advice given.
- The job offer was withdrawn shortly after the part-time request.
Compensation:
- Total damages: £8,067.84 (including an ACAS Code uplift for unreasonable failure to follow the Code).
Lessons & takeaways
- Employers must not make assumptions about a disabled person's ability to work based on their health condition.
- When an employee requests part-time work as a reasonable adjustment, the employer should engage with the request properly and consider it on its merits.
- Withdrawing a job offer shortly after a disability-related request can be strong evidence of direct discrimination.
- Employers should ensure that HR and management are trained on disability discrimination and the duty to make reasonable adjustments.
This case shows how a seemingly straightforward job offer can go wrong when disability-related requests are mishandled. The claimant, a clerical supervisor with admitted disabilities including fibromyalgia, was conditionally offered a full-time Band 3 role. He resigned from his existing job, but before starting the new role, he asked to work part-time due to his health. The response from the Trust was swift and negative: an email from a manager said she could not commit to Bank work because of his health problems, and the job offer was withdrawn days later.
What the Trust could have done differently
The Trust had a duty to consider the claimant's request for part-time work as a reasonable adjustment. Instead, it appears the manager made a snap judgment based on the claimant's health, without proper consultation or occupational health input. The HR team later admitted that the claimant's disability was not taken into account. A proper process would have involved discussing the request, exploring options, and making a decision based on evidence, not assumptions.
Why this result matters
This case reinforces that disability discrimination can occur even in the recruitment process. Employers must not penalise job applicants for requesting adjustments. The tribunal's award of over £8,000, including an uplift for failing to follow the ACAS Code, sends a clear message that such conduct has consequences. For employees, it highlights the importance of documenting requests and responses, and for employers, the need for training on disability awareness and reasonable adjustments.
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