NHS hospital cleaner who took more than 400 sick days before getting sacks WINS £50,000 payout for ‘unfair dismissal’
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AN NHS hospital cleaner who was sacked after being off sick more than 400 days in just four years has won £50,000 in compensation. Zoe Kitching had several lengthy periods of sick leave from 2019 to 2023 as she struggled with "complex mental health issues".
But despite there being a "wealth of evidence", health service managers failed to recognise that Ms Kitching was disabled and fired her over the absences. An employment judge said they were "particularly surprised" that one NHS boss insisted she was not disabled ahead of her unfair sacking.
The tribunal ruled that it was "irrational and wrong" to deny Ms Kitching of her disability status and that she should have been afforded more sick leave. Ms Kitching, a cleaner at Royal Lancaster Infirmary, successfully sued the trust that runs the site, University Hospitals of Morecambe Bay NHS Foundation Trust.
Representing herself at the hearing in Manchester, she won claims of disability discrimination and unfair dismissal. Now she has been awarded £49,147 in damages. The tribunal was told Ms Kitching worked on the Lancaster Suite at Royal Lancaster Infirmary.
She suffered with anxiety, depression, and was bipolar, it was heard. Her issues were described as 'complex'. Hospital records show that from 2019 until June 2023 - when she was sacked - she had a total 406 absence days. Of the 406 days, 85 per cent were connected to her disability and 12 per cent were due to non-disability related reasons, such as Covid-19 or general cold and flu.