Judge says employer could have taken ‘less discriminatory’ approach to checking references of job applicant with IBS and need for flexibility
A disabled junior lawyer who was snubbed during the initial stages of recruitment following her disclosure of irritable bowel syndrome (IBS) and flexibility requirements was discriminated against, a tribunal has ruled.
The remote tribunal found that Mrs K Farrow had been “open and honest” about her disability resulting from IBS and needs for flexibility, but Foster Clay Law (FCL) – which has since rebranded to Inspire Legal Group – “abruptly” terminated the recruitment process after speaking to Farrow’s previous employer.
The tribunal rules that the discriminatory effect of the unfavourable treatment on Farrow was significant, as it was “damaging to her self-confidence”, and that there were other “less discriminatory” avenues for FCL to take.
The tribunal heard that Farrow, who had completed her legal practice course in 2011, was engaged by her previous employer as a trainee solicitor from 2018 to 2019. During this employment, Farrow had a “long period of intermittent sick leave” relating to her IBS, and the relationship with her employer became “strained”.
Farrow told the tribunal that her employer’s lack of flexibility around hours and place of work resulted in absences and timekeeping issues, and she raised a...
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