In a recent ruling by an employment tribunal in Manchester, a legal business was found not to have engaged in disability discrimination when it retracted a job offer to a solicitor.
The case involved Craig Oldale, a specialist employment lawyer diagnosed with bipolar affective disorder in 2017. Mr Oldale’s job offer was withdrawn by Peach Law, a firm based in Cheadle, after concerns were raised regarding his honesty during the recruitment process.
Employment Judge Phil Allen presided over the tribunal, which focused on the actions of Peach Law’s managing director, referred to by multiple names including Ms DL Armitage. The central issue revolved around her belief that Mr Oldale had been dishonest about aspects of his employment history.
Throughout the proceedings, the tribunal closely examined whether Peach Law was aware of Mr Oldale’s disability prior to withdrawing the job offer. The judgement confirmed that there was no evidence to suggest that Ms Armitage, or anyone at Peach Law, had knowledge of Mr Oldale’s condition at the time of the decision.
The allegations of dishonesty arose following a reference received from Edward Judge, the managing partner of Mr Oldale’s former employer, Aticus Law. This reference indicated a period of sick leave which conflicted with Mr Oldale’s previous statements, prompting Ms Armitage to question his candour.
Mr Oldale contested the claim of dishonesty and argued that his disability was known due to a conversation Ms Armitage allegedly had with Mr Judge. However, the tribunal accepted Ms Armitage’s testimony that no such conversation occurred, therefore rejecting Mr Oldale’s assertions.
Additionally, Mr Oldale’s request to work four days per week was understood by Ms Armitage to be due to childcare commitments rather than health reasons, which further weakened the argument that his disability was implicitly disclosed.
Ultimately, the tribunal dismissed claims of direct disability discrimination and unfavourable treatment due to conditions arising from a disability. The decision underscored the importance of evidence in establishing knowledge and intent in employment disputes.
The tribunal’s decision highlights the complexities of employment law, especially in cases involving disabilities, and emphasises the need for clear communication and documentation during the hiring process.
