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RESEARCH / VERSION 1.1 / 16 OCTOBER 2026

Conviction disclosure and the excluded-condition rules

At a preliminary hearing the tribunal considered withdrawal of registration following non-disclosure of convictions. It assumed disability for that hearing rather than deciding disability status. It concluded that the disability-discrimination claim had no reasonable prospect of success, addressing the excluded-condition rules and the reason for withdrawal.

FieldEvidence
Reference period2022-04-07
CoverageEngland and Wales
StatusPreliminary hearing; strike-out
Source-check date2026-10-14
Case referenceWere v NHS Professionals Ltd, 2308268/2020
Court / tribunalEmployment Tribunal (London South)
IssueAddiction; coexisting mental-health impairment; causation; strike-out
Actual dispositionDisability-discrimination claim struck out. The unfair-dismissal claim was struck out for insufficient service; the contract claim was also struck out. Written reasons are dated 3 May 2022.
Appeal / later history checkedNo later appeal or reconsideration outcome has been verified.
Authority levelEmployment Tribunal — first instance
Addiction / medication scopeAddiction and a separate mental-health impairment discussed; disability status assumed only for the application.
Targeted history checkNo verified later outcome; not a general rule that a conviction defeats a discrimination claim.
Procedural assumptionThe tribunal assumed disability for the strike-out hearing because it could not determine status without medical records. [Source: Paragraphs 25–26]
First-instance strike-out reasoningIt held on that application that non-disclosure and the convictions, rather than the mental-health conditions, caused withdrawal of registration, and struck the discrimination claim out. [Source: Paragraphs 27–31]

Paragraph-backed propositions

Interpretation limits

First-instance strike-out decision, not a merits trial or binding precedent. The tribunal expressly did not determine disability status. It must not be generalised into a rule that any past conviction defeats a discrimination claim.

Sources

Cite this record

Civil Liberties Action (2026). Addiction and employment law: Conviction disclosure and the excluded-condition rules. Record case-were-2022, version 1.1, 2026-10-16. https://cla-political-finance.copperchime4.chatgpt.site/databases/releases/2026-10-16-v1.1/records/cases/case-were-2022.html

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