A disabled NHS worker, Victoria Ware, has successfully won a landmark disability discrimination case against Frimley Health NHS Foundation Trust. The trust was ordered to pay over £70,000 in compensation after failing to provide timely reasonable adjustments in her workplace.
The Case at a Glance
Mrs. Ware, who lives with chronic fatigue syndrome (ME), fibromyalgia, and other chronic conditions requiring occasional wheelchair use, joined the NHS trust in August 2022. Within a month, an Occupational Health assessment highlighted that her disabilities could lead to higher-than-average sickness absences, necessitating reasonable workplace adjustments.
The tribunal heard that despite a recommendation from a health and safety advisor for a sit-stand desk to support Mrs. Ware’s needs, there was a seven-month delay in providing this equipment.
The delay was due to a managerial decision to upgrade desks for the entire team, even though only Mrs. Ware’s desk had been deemed essential for her health. This decision left her working at an unsuitable makeshift desk, exacerbating her discomfort and contributing to her absence from work.
Mismanagement and Tribunal Findings
The tribunal uncovered a series of missteps by the trust, including:
- Miscalculated sickness absences: Mrs. Ware’s manager, David Baulch, claimed she had taken 30 sick days, whereas the actual number was 18.
- Prolonged delays: The sit-stand desk, delivered in November 2022, was not set up until March 2023.
- Poor treatment during probation: Mrs. Ware’s probation period was extended, and she was provided with an unsatisfactory reference.
Employment Judge Emma Hawksworth criticized the trust’s handling of the situation, stating, “Her desk should have been set up as soon as it was delivered, even if the set-up of desks for other staff had to wait.”
Legal Outcome and Compensation
The Reading tribunal ruled in favour of Mrs. Ware, concluding that the trust’s actions amounted to disability discrimination and discrimination arising from disability. She was awarded £70,942 in compensation.
The judgment underscores the importance of employers taking timely action to implement reasonable adjustments for disabled employees. The tribunal found the trust’s decision to delay Mrs. Ware’s desk set-up and the poor treatment she received during probationary period unacceptable, especially given the impact it had on her health and ability to perform her duties.
The Workers Union Says…
“This case highlights the critical need for employers to prioritize the needs of disabled workers and ensure that workplace adjustments are implemented promptly. Delays and mismanagement not only harm the affected individual but can also lead to costly legal repercussions for employers.”
