Call us on 0844 324 5840

NEWS & RESOURCES

Employment Tribunal 2020 Case Ruling – Disability Discrimination – Unfair Dismissal and Disability

Unfair Dismissal and Disability

Miss S J Austin vs The Leeds Teaching Hospital NHS Trust

A hospital secretary has been found to have been unfairly dismissed and discriminated against on the grounds of disability for repeatedly checking her own medical record.  The tribunal found that the Hospital Trust did not take account of the fact that her behaviour arose from her disability.

The employee suffered with depression, anxiety and chronic pain from Fibromyalgia which interfered with her ability to work.  The employee argued that these conditions, especially her anxiety and fibromyalgia caused her to repeatedly check her own medical record and that of her mother on several occasions.

She was investigated which caused further anxiety.  This anxiety led her to pestering her manager for information about the investigation, resulting in her manager suspending her.  She was dismissed two years later.

The tribunal found she had been unfairly dismissed and subjected to disability discrimination because the trust did not take into account the fact that her behaviour of accessing her medical records and pestering her manager arose from her disability, which were then the cause of her suspension and dismissal.  It also found that her suspension or dismissal were not a proportionate response in the circumstances.  The tribunal also found that the employee could not have been found “culpable or blameworthy” because her conduct was the result of long standing, pre-existing physical and psychological conditions.

The Hospital Trust had to award Austin £265,719 as compensation for disability discrimination and £3,395 as damages for breach of contract.

This is an important reminder that discrimination can arise when someone is treated unfavourably because of something arising in consequence of a disability rather than the disability itself.  This is different to direct discrimination.  But also, when reviewing a disciplinary matter, it is vital that the response is proportionate in the circumstances.

The full judgment can be read at https://assets.publishing.service.gov.uk/media/5e6a5455e90e070ace7792e1/Miss_S_J_Austin_V_The_Leeds_Teaching_Hospitals_NHS_Trust-_1801339.2017_Reserved_Judgment.pdf

HR, Health & Safety Support

HR Solutions are here to provide your business with support and advice on any employment related issues; to find out more contact us online or call us on 0844 324 5840.

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

01
HR Solutions Virtual Employment Law Seminar
Webinars
26 March 2024
02
Simplifying UK family leave – practical solutions for SMEs and HR practitioners
Webinars
26 March 2024
03
New rules on flexible working and predictable terms and conditions
Webinars
26 March 2024

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.