N Leeks v University Hospitals Sussex NHS Foundation Trust

Reference number 2301545-2018

EMPLOYMENT TRIBUNALS London South Employment Tribunal 8 – 12 April 2024 (video) Claimant: Nkechi Leeks Respondent: University Hospitals Sussex NHS Foundation Trust Full merits hearing Before: Judge MAspinall (sitting as an Employment Judge) Mr R Singh Ms H Bharadia Appearances: Mrs N Leeks, in person Mr C Edwards, Counsel for the Respondent

JUDGMENT WITH REASONS UPON having heard oral testimony from the Claimant and two witnesses for the Respondent; AND UPON having considered the submissions, pleadings, documents and evidence to which were referred, and taking account of the relevant law and precedent; IT IS ADJUDGED that:

1. The Claimant did not present any credible evidence to establish discrimination based on age, disability, religion or belief or – for the avoidance of doubt – on the basis of any other protected characteristic.

2. The Respondent provided consistent and reliable evidence that the conditional job offer of 31 August 2017 was legitimately withdrawn due to unsatisfactory pre-employment checks: a. that references from former employers, received by the Respondent, were unsatisfactory. b. that the Claimant had been subject to at least two misconduct dismissals by previous NHS employers in the previous six yea...