NHS Cleaner Wins £50k in Unfair Dismissal Payout After Being Sacked Following 400 Sick Days
A former NHS hospital cleaner, Zoe Kitching, who was terminated from her position after accumulating 400 sick days over four years, has successfully won nearly £50,000 in compensation for unfair dismissal. Kitching, who battled with “complex mental health issues,” including anxiety, depression, and bipolar disorder, took multiple periods of sick leave between 2019 and 2023. Despite substantial evidence of her health struggles, service managers neglected to recognise her conditions, leading to her dismissal due to frequent absences from work.
An employment judge expressed surprise at how a senior NHS executive found Kitching fit for work before her eventual unfair dismissal. The tribunal concluded that it was unreasonable and incorrect to reject Kitching’s disability status and that she should have been provided with more support in the form of additional sick leave. Representing herself during the hearing in Manchester, Kitching successfully sued the University Hospitals of Morecambe Bay NHS Foundation Trust, the trust overseeing Royal Lancaster Infirmary where she worked. The tribunal ruled in her favor on grounds of disability discrimination and unfair dismissal, awarding her £49,147 in compensation.
Hospital records revealed that out of the 406 days Kitching was absent between 2019 and June 2023, 85% were directly related to her disabilities, while 12% were due to non-disability causes such as Covid-19 or common illnesses. Despite previously being classified as disabled, a 2021 occupational health report controversially stated otherwise, contributing to subsequent dismissals discussions. Kitching shared how her mental health issues were overlooked, feeling that she was unfairly dismissed twice.
Judge Robert Childe criticized the NHS managers involved for their failure to acknowledge Kitching’s disability status throughout the dismissal process, describing the decision to terminate her employment as unfair, fundamentally flawed, and discriminatory. The tribunal highlighted the abundance of medical evidence supporting Kitching’s disability and condemned the managers for disregarding this crucial information.
In conclusion, Kitching’s case sheds light on the importance of recognising and supporting employees with disabilities in the workplace. The ruling serves as a reminder for employers to approach such situations with empathy, understanding, and a commitment to making necessary adjustments to accommodate individuals struggling with health issues like Kitching. It stands as a victory for employee rights and advocates for fair treatment of workers facing mental health challenges in professional settings.