NHS Cleaner Wins Discrimination Case Against Former Employer
An NHS cleaner who was dismissed after taking over 400 days of sick leave in four years has been awarded nearly £50,000 by a tribunal, following claims her boss “did not believe” she had a disability. Zoe Kitching, who worked at the Lancaster Suite at Royal Lancaster Infirmary from 2019 to 2023, experienced several extended periods away from her role primarily due to “complex mental health issues”. Representing herself at a Manchester hearing, Ms. Kitching successfully challenged the University Hospitals of Morecambe Bay NHS Foundation Trust, winning on grounds of disability discrimination and unfair dismissal. As a result of her success at the tribunal, she secured a payout of £49,147 in damages.
Ms. Kitching’s case highlighted the challenges faced when managing disabilities in the workplace. She had requested reduced hours from her manager Ruth Bradburn, which was denied, despite experiencing breakdowns necessitating time off. One significant period of disability-related absence spanned from September 2020 to January 2021, totalling 130 days. However, in January 2021, an occupational health report controversially concluded that she did “not meet the definition of a disabled person under the Equality Act 2010”. This decision led to further scrutiny of her absences by Mrs. Bradburn and David Passant, Divisional Manager of Facilities, who eventually dismissed her.
The tribunal judgment outlined the emotional toll the dismissal took on Ms. Kitching, stating that she felt like she had been dismissed twice. Despite medical evidence indicating her disability, the NHS trust failed to recognise her as a disabled person, leading to an unfair and discriminatory decision to dismiss her. Hospital records showed that out of the 406 absence days between 2019 and June 2023, 85 per cent were connected to her disability. Employment Judge Robert Childe criticised the trust for not making necessary adjustments to accommodate Ms. Kitching’s condition, leading to her dismissal.
Ms. Kitching’s case sheds light on the importance of proper disability management in the workplace. The tribunal’s ruling serves as a reminder for employers to ensure they adhere to equality laws and provide reasonable adjustments for employees with disabilities. Discrimination against individuals with disabilities can have severe consequences, as seen in this case, where Ms. Kitching faced unfair treatment despite medical evidence supporting her condition. Employers must proactively support employees with disabilities and work towards creating inclusive and supportive work environments.
The outcome of Ms. Kitching’s case highlights the need for greater awareness and education around disability rights in the workplace. Employers must prioritise understanding and accommodating employees’ diverse needs to prevent instances of discrimination and unfair dismissal. Moving forward, it is crucial for organisations to implement robust policies and procedures that promote inclusivity and support employees with disabilities. Ms. Kitching’s successful challenge against her former employer sets a significant precedent for upholding the rights of individuals with disabilities in the workplace and emphasises the importance of fostering a culture of inclusivity and respect.