Withdrawal of job offer due to previous mental health issues was discrimination

Irvine v Chief Constable of Nottinghamshire Police ET/2602970/08

Ms Irvine, who suffered from bipolar affective disorder, claimed disability discrimination after her job offer, as a temporary learning and development officer, was withdrawn. The reason given to Ms Irvine was that she “was unlikely to be suitable for this role due to health reasons”, despite the fact that she satisfied the application requirements regarding her sickness absence for the previous three years. The tribunal held that Ms Irvine’s condition amounted to a disability, and that her prospective employer had discriminated against her not only directly - by retracting the job offer - but also by failing to make reasonable adjustments to assist her appointment