Zoe Kitching, a former cleaner at the Royal Lancaster Hospital, has been awarded nearly £50,000 after a tribunal ruled her dismissal was both unfair and discriminatory due to her mental health conditions. Kitching, who suffered from anxiety, depression, and bipolar disorder, faced immense challenges over the course of her job, leading to over 400 absences due to illness from 2019 to 2023.
Between these years, Kitching accumulated 406 sick days, with approximately 85% attributed directly to her severe mental health episodes. Notably, one of these absences extended for 130 days, from September 2020 to January 2021, highlighting the impact of her condition.
Initially, Kitching requested her supervisor, Ruth Bradburn, to reduce her working hours to accommodate her health needs. Unfortunately, this request was denied, and it was during the subsequent meetings about work performance and attendance improvements where her situation continued to deteriorate. Despite being recognized as having disabilities, the NHS trust’s occupational health report shockingly concluded she did not meet the criteria for disability under the Equality Act 2010.
According to the employment tribunal, the NHS management, led by Divisional Manager David Passant, acted unreasonably by treating Kitching's lengthy absences as sufficient grounds for her termination. Judge Childe expressed disbelief at the refusal to recognize Kitching's disability, stating, "The decision to deny [Ms. Kitching] was irrational and wrong, considering the medical evidence available to the contrary.”
Throughout her employment, Kitching faced numerous challenges linked to her mental health, yet when she sought accommodations, her requests were largely ignored. Following her prolonged absences, Kitching had seemingly improved by June 2023. Nonetheless, on the basis of the earlier occupational health report, management dismissed her, failing to take other evidence of her disability seriously.
The tribunal halted to reflect on how the management disregarded the wealth of evidence showing her disabled status. It noted, “At no time during the dismissal meeting or appeal meeting did the [NHS trust] agree Kitching was a disabled person, which led to the fundamentally flawed and discriminatory decision to dismiss her.” These findings come as revelations about how mental health is managed within workplace settings continue to garner widespread attention.
Prior to her dismissal, Kitching emphasized her struggles and requested another opportunity to improve her attendance significantly influenced by her mental health difficulties. After the tribunal ruled against the NHS trust, Kitching emotional state post-dismissal highlighted the impact of being discriminated against due to her health struggles, stating she felt her mental health disability had been ignored.
With the tribunal's decision now establishing Kitching’s wrongful dismissal, she has laid bare the substantial failure of her employers to acknowledge and accommodate her condition throughout her employment. Her case stands as a reminder of the pressing need for employers to take mental health seriously and adapt workplace policies to support employees effectively.
The NHS trust, which operates the Royal Lancaster Hospital, has been contacted for comments following the tribunal's ruling. The decision highlights the legal responsibilities of employers to recognize and accommodate employees with disabilities, as stipulated under the Equality Act 2010, underlining the significance of fair treatment across all levels of employment.