Zoe Kitching, a hospital cleaner, was awarded nearly £50,000 in compensation after successfully suing her employer for disability discrimination and unfair dismissal. Ms Kitching had taken over 400 days of sick leave in four years due to mental health issues. Despite being previously classified as disabled, she was dismissed after improvements in her attendance. The tribunal criticized the hospital trust for failing to make reasonable adjustments and for dismissing her unfairly.
An NHS hospital cleaner who was dismissed after taking more than 400 days of sick leave in four years has been awarded nearly £50,000 in compensation by a tribunal. Zoe Kitching had several extended periods of absence from her role at the Lancaster Suite at Royal Lancaster Infirmary between 2019 and 2023. The majority of her time off was due to 'complex mental health issues', but one NHS boss insisted she was not disabled prior to her unjust dismissal.
Ms Kitching has now successfully sued the University Hospitals of Morecambe Bay NHS Foundation Trust after representing herself at a hearing in Manchester. She won claims of disability discrimination and unfair dismissal and has been awarded £49,147 in damages. The tribunal heard that Ms Kitching sometimes experienced breakdowns which resulted in her taking time off. She asked her manager Ruth Bradburn if she could cut down her hours at the Lancaster Suite, but Ms Bradburn refused the request. One period of disability-related absence, from September 2020 to January 2021, lasted for 130 days. Although she had previously been classified as disabled, in January 2021 the hospital received an occupational health report which 'curiously' stated she was 'not a disabled person within the meaning of the Equality Act 2010', the tribunal found. Over the following months, Mrs Bradburn - Patient Environment Site Services Manager - held meetings with Ms Kitching over her absences and set her targets to reduce days off. By June 2023, her absences had improved, but she was sacked by David Passant, Divisional Manager of Facilities, the Mirror reports. Christopher Brisley, People and OD Business Partner, told Mr Passant Ms Kitching was not disabled. The tribunal judgement said: 'Ms Kitching was extremely upset by the decision to dismiss her and the refusal of Mr Passant to recognise that she was a disabled person as defined under the Equality Act 2010. She asked for another chance and explained that her absences had been due to mental health. She said it was unnecessary for her to lose her job. Ms Kitching was extremely upset after the decision was taken at appeal not to overturn the original decision to dismiss. 'We've accepted evidence she felt she had been dismissed twice.' Hospital records show that from 2019 until June 2023 - when she was sacked - she had a total 406 absence days. Of the 406 days, 85 per cent were connected to her disability and 12 per cent were due to non-disability related reasons, such as Covid-19 or general cold and flu. Employment Judge Robert Childe criticised the managers, adding: 'We find the trust should have permitted a high level of sickness absence overall from Ms Kitching and the failure to do so was a failure to make adjustments. We find the trust did not act reasonably in treating her absences as a sufficient reason for dismissing her in the circumstances. 'At no time during the dismissal meeting or appeal meeting did the trust agree that Ms Kitching was a disabled person... which led to an unfair and fundamentally flawed and discriminatory decision to dismiss her. There was a wealth of medical evidence available... that she was a disabled person. 'We were particularly surprised Christopher Brisley advised Mr Passant, that Ms Kitching was not a disabled person. The decision to deny Ms Kitching disabled status was irrational and wrong, given the medical evidence available to the contrary.
NHS Disability Discrimination Unfair Dismissal Mental Health Compensation Hospital Cleaner Workplace Rights
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