NHS cleaner sacked for taking 400 sick days in four years handed ...

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, which found 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, took most of her time off due to "complex mental health issues".

Despite this, one NHS manager claimed she wasn't disabled prior to her unfair dismissal.

Ms Kitching successfully represented herself against the University Hospitals of Morecambe Bay NHS Foundation Trust at a Manchester hearing, winning her case for disability discrimination and unfair dismissal, with damages amounting to £49,147.

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The tribunal heard that Ms Kitching experienced breakdowns leading to her absences. She requested reduced hours from her manager Ruth Bradburn at the Lancaster Suite, but was denied.

One significant period of disability-related absence spanned from September 2020 to January 2021, totalling 130 days, reports the Mirror.

Previously recognised as disabled, an occupational health report received by the hospital in January 2021 controversially stated she did not meet the definition of a disabled person under the Equality Act 2010, according to the tribunal's findings. In the months that followed, Mrs Bradburn, the Patient Environment Site Services Manager, conducted meetings with Ms Kitching regarding her sick leave and set targets to decrease her absences.

By June 2023, her absences had improved, but she was dismissed by David Passant, Divisional Manager of Facilities. Christopher Brisley, People and OD Business Partner, informed Mr Passant that Ms Kitching was not disabled.

The tribunal judgement stated: "[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. [Ms Kitching] 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 [her] 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 [NHS 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 [NHS trust] did not act reasonably in treating as a sufficient reason for dismissing [Ms Kitching] in the circumstances. The trust was also accused of not accepting that Ms Kitching was disabled, despite having access to medical information that proved this. It was claimed that the decision not to accept her disability was irrational and incorrect.

"At no time during the dismissal meeting or appeal meeting did the [NHS 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 [Ms Kitching] 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] was disabled was irrational and wrong, given the medical evidence available to the contrary."