A disabled NHS laboratory worker has won over £70,000 in a discrimination case after being forced to wait seven months for an adjustable desk, leading to an increase in her sickness absences.
A disabled NHS laboratory worker has won more than £70,000 in a discrimination case after being accused of taking too many sick days because she had to wait more than seven months to get an adjustable desk . Victoria Ware, who suffers from chronic fatigue syndrome (ME), successfully sued Frimley Health NHS Foundation Trust in Surrey after arguing her absences would have been reduced if she had her specially-adapted desk.
Representing herself, Mrs Ware won claims of disability discrimination and discrimination arising from disability. The trust has now been ordered to pay her £70,942 in compensation. The hearing in Reading was told that in addition to ME, Mrs Ware suffers from fibromyalgia and other chronic conditions. These cause pain, seizures and neurological symptoms, and she sometimes needs to use a wheelchair, the tribunal was told. After starting her £22,000-a-year role for the trust in August 2022, the following month an Occupational Health assessment warned that as a result of her illnesses her sickness absence may be higher than average. Her manager David Baulch agreed to make reasonable adjustments, with Mrs Ware sometimes being allowed to work from home because of her disabilities. But when she worked in the office, her desk was said to be 'a piece of wood had been placed between two desks to make a temporary third desk in the middle'. A health and safety advisor went to Mrs Ware's workplace in September and said this was not suitable, particularly because it was too low for when she needed to use her wheelchair. The advisor recommended a desk whose height could be adjusted to enable Mrs Ware to 'work comfortably depending on her requirements at any given time', the tribunal heard. The hearing was told that the recommended desk arrived two months later, but Mrs Ware couldn't use her sit-stand desk for another four months after that. This 'long delay' was because managers had decided to upgrade the desks for the whole team - none of whom had been recommended adjustable desks, the tribunal heard. 'The reason for the delay after the desks were delivered in November 2022 was because had decided to provide sit-stand desks for all staff in the team, and this required works being carried out to the office,' the tribunal said. 'But only 's desk had been recommended as part of assessment. 'Her desk should have been set up as soon as it was delivered, even if the set up of the desks for other staff had to wait. 'Even after the three sit-stand desks were set up on March 22 2023, was not allocated one as her own desk and still had to use other workstations sometimes.' The tribunal didn't accept Mr Baulch's suggestion that 'it would not have been possible to set up one sit-stand desk in place of one of the existing desks without any works being carried out'. Meanwhile, Mrs Ware's probation period had been extended on January 26 2023 because Mr Baulch believed she had taken 30 days of sickness absence in her first six months working for the trust. Mr Baulch's calculations were wrong - she had actually taken 18 days sickness absence. She also could not have her hours reduced and was given a poor reference by Mr Baulch, it was heard. Mrs Ware Ware successfully sued Frimley Health NHS Foundation Trust (pictured) in Surrey after arguing her absences would have been reduced if she had her specially-adapted desk Following this, she won claims of disability discrimination and discrimination arising from disability. Employment Judge Emma Hawksworth said: 'The failed to put in place a suitable workstation for for a period of over seven months. 'A sit-stand desk was recommended for by the health and safety advisor, because of her disabilities, to accommodate her when she needed to use her wheelchair. 'The failed to put the desk in place for over six months after this recommendation was made.'Judge Hawksworth added: 'Her desk should have been set up as soon as it was delivered, even if the set up of the desks for other staff had to wait
Legal DISCRIMINATION NHS LABOUR LAWS ADJUSTABLE DESK CHRONIC FATIGUE SYNDROME ME WORKPLACE RIGHTS
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