£70k payout | Disabled worker sacked after taking sick leave while awaiting reasonable adjustments

An NHS trust has been ordered to pay more than £70,000 in compensation to a former employee who was dismissed after taking sick leave due to her disability.

An employment tribunal ruled that Frimley Health NHS Foundation Trust discriminated against Victoria Ware, a Medical Laboratory Assistant, when it dismissed her for ill-health absence. 

The panel also found that the trust had directly discriminated against her by providing a damaging reference to a prospective employer, leading to a job offer being withdrawn.

The ruling follows a hearing at the Reading Employment Tribunal, where it was determined that Mrs Ware’s dismissal amounted to discrimination arising from disability. While the tribunal dismissed other claims, including direct disability discrimination in relation to dismissal and failure to make reasonable adjustments, it upheld her complaints regarding the termination of her employment and the reference provided to another healthcare employer.