NHS Cleaner Who Took 400 Sick Days In Just Four Years Wins £50,000 Compensation

An NHS cleaner who managed to take 400 sick days in just four years has won £50,000 in compensation.

An employment tribunal heard how from 2019 to 2023 Zoe Kitching racked up 406 days off as she struggled with “complex mental health issues”.

She was dismissed after her boss refused to acknowledge she was disabled.

Ms Kitching successfully made the complaint against the University Hospitals of Morecambe Bay NHS Foundation Trust after representing herself at the hearing at Manchester Employment Tribunal. She won claims of disability discrimination and unfair dismissal and has been awarded £49,147, 

The tribunal judgement said: “[Ms Kitching] was extremely upset by the decision to dismiss her and the refusal of Mr Passant to recognise that [she] was a disabled person as defined under the Equality Act 2010. [Ms Kitching] asked for another chance and explained that her absences had been due to mental health. [She] said it was unnecessary for her to lose her job.

“[Ms Kitching] was extremely upset after the decision was taken at appeal not to overturn the original decision to dismiss. We’ve accepted [her] evidence she felt she had been dismissed twice.”

Employment Judge Robert Childe criticised the managers, adding: “We find the [NHS trust] should have permitted a high level of sickness absence overall from [Ms Kitching] and the failure to do so was a failure to make adjustments. We find the [NHS trust] did not act reasonably in treating as a sufficient reason for dismissing [Ms Kitching] in the circumstances.

“At no time during the dismissal meeting or appeal meeting did the [NHS trust] agree that [Ms Kitching] was a disabled person… which led to an unfair and fundamentally flawed and discriminatory decision to dismiss [her]. There was a wealth of medical evidence available… that [Ms Kitching] was a disabled person.

“We were particularly surprised Christopher Brisley advised Mr Passant, that [Ms Kitching] was not a disabled person. The decision to deny [Ms Kitching] was disabled was irrational and wrong, given the medical evidence available to the contrary.”