The Leeds Teaching Hospitals NHS Trust

Case Summary

The claimant was unfairly dismissed and subjected to disability discrimination. She was awarded £265,719.23 in compensation, including £3,394.68 for breach of contract regarding notice pay.

The tribunal found that the claimant was unfairly dismissed and subjected to disability discrimination, and awarded compensation reflecting these findings on their merits following a full hearing.

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• •the claimant suffered mixed anxiety and depression which caused her to check medical records and pester her manager, leading to her suspension and dismissal. The dismissal and suspension were found to be unfair and disability discrimination, as the behaviours arose from her disability and the respondent had not shown dismissal/suspension were proportionate

Case No: 1801339/2017 1 EMPLOYMENT TRIBUNALS Claimant: Miss S J Austin Respondent: The Leeds Teaching Hospitals NHS Trust Heard at: Leeds On: 16 to 20 September 2019 Before: Employment Judge Bright Mrs LJ Anderson-Coe Mr M Brewer Representation Claimant: Mr R Kohanzad (counsel) Respondent: Ms A Smith (counsel) RESERVED JUDGMENT ON REMEDY 1. The respondent shall pay to the claimant £265,719.23 as compensation for disability discrimination, including interest of £6,962.30. 2. The respondent shall pay £3,394.68 to the claimant as damages for breach of contract in respect of notice. REASONS Procedural history 1. The claimant submitted her claim on 3 August 2017. A full hearing on liability was held from 26 January to 11 February 2018 and there was a day in chambers on 2 March 2018. A reserved judgment was sent to the parties on 9 May 2018 in which the Tribunal, consisting of Employment Judge Bright, Mrs Anderson-Coe and Mr Appleyard, held that the claimant had been unfairly dismissed and subjected to disability discrimination. Case No: 1801339/2017 2 2. The Tribunal found on that occasion that the claimant suffered from a variety of medical conditions, including depression and anxiety and fibromyalgia. Her medical conditions, in particular her anxiety and fibromyalgia, had caused her to check her medical records repeatedly in the manner evidenced and to check those of her mother on three occasions. As a result the respondent commenced an investigation, which caused the claimant further anxiety. Because of her anxiety she pestered her line manager for information about the investigation, as a result of which the respondent suspended her. The claimant was summarily dismissed by letter dated 23 May 2017, some 18 months after the date of her…