In Farrow v Foster Clay Law Ltd a disabled lawyer has been awarded £23,000 by an employment tribunal after being discriminated against as part of a recruitment process.
In this article, Chris Dobbs describes the outcome of this case and the implications for employers.
Farrow v Foster Clay Law Ltd
Ms Farrow is disabled with a chronic illness. She had been a trainee solicitor at another firm and had then applied for a qualified job with Foster Clay Law Ltd (“the firm”).
During the interview process Ms Farrow was very open and honest about her disability. At the tribunal hearing she claimed the firm had then offered her a job, subject to references, but this was disputed.
It was clear that the firm did seek references and Ms Farrow’s previous employer informed them that her absences followed a pattern of usually occurring on a Monday. They also allegedly said that she had a bad attitude and would be a risk to the business.
The discrimination claim
Ms Farrow was not taken on and brought a claim for discrimination in the employment tribunal.
They found that the reason the firm had not taken on Ms Farrow was due to her sickness absence and timekeeping.
This was despite the firm saying to Ms Farrow that “no medical condition has any bearing on the firm’s decision to recruit”, which the employment tribunal found to be disingenuous.
They said the firm could have discounted the reference and/or made further enquiries as a more proportionate way of dealing with the matter, rather than simply ending the recruitment process.
What did the employment tribunal find?
By doing the latter, the tribunal held that the discriminatory effect on Ms Farrow was significant. Being a newly qualified solicitor with a disability meant it was going to be difficult for her to obtain other employment going forward.
The employment tribunal finished off by saying “She had been approached by the respondents and offered what appeared to be an attractive position and the flexibility she needed, she had been open and honest with them about her needs and her condition and had hopes that they would make the adjustments she needed.
Instead the recruitment process was terminated abruptly precisely because of her disability-related requirements and history, jeopardising her job-search and damaging her self-confidence.”
Ms Farrow’s claim for disability discrimination was therefore upheld and she was awarded the not insignificant £23,000.
A specialist Employment Solicitor’s view
Chris Dobbs said: “This case is a reminder to employers that they have to be wary of discrimination claims even at the recruitment stage.
It also shows that law firms can get it wrong as well. Despite the firm being told by a previous employer that they had serious concerns about Ms Farrow’s attitude and her being a risk to the business, the fact the firm did not make further enquiries and simply ended the recruitment process meant they acted in a disproportionate and therefore discriminatory way.
Due to Ms Farrow’s personal situation it ended up being an expensive mistake to make.”
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