Disability | NHS Trust unfairly dismissed cleaner who took 400+ days off

An NHS cleaner, dismissed after taking over 400 days off sick due to mental health issues, has won claims of unfair dismissal and disability discrimination against her employer. 

The tribunal criticised the University Hospitals of Morecambe Bay NHS Foundation Trust for failing to recognise her disability and neglecting to make reasonable adjustments, offering key lessons for HR leaders managing absence and disability in the workplace.

The case involved Ms Zoe Kitching, a cleaner at the Royal Lancaster Infirmary. Over a four-year period, Ms Kitching, who struggled with complex mental health conditions including bipolar disorder, anxiety, and depression, accumulated 406 days of sickness absence across 29 instances.

The tribunal heard that Ms Kitching’s mental health issues were well documented. Occupational health reports from as early as August 2019 confirmed that she was a disabled person under the Equality Act 2010.