The Royal Marsden NHS Foundation Trust

Case Summary

Ms Mingo, employed by The Royal Marsden NHS Foundation Trust as a Cancer Data Team member, was dismissed following a prolonged period of illness and unsuccessful return to work from December 2021 to June 2024. The tribunal found the dismissal unfair, upheld claims for unauthorised wage deductions and unpaid holiday pay, but dismissed all disability discrimination, harassment, and reasonable adjustment claims.

The claimant was found to have been unfairly dismissed because the respondent failed to follow fair procedures, though the compensatory award was reduced to zero as the tribunal concluded there was a 100% likelihood she would have been fairly dismissed anyway due to her inability to maintain satisfactory attendance and work independently despite substantial adjustments. The wage deductions were unauthorised because no sufficiently specific contractual agreement existed to change the claimant's full-time employment terms to 80% equivalent basis. The disability discrimination and harassment claims failed because the respondent's decisions were based on the claimant's medical condition's impact on her ability to work rather than her disability per se, and the respondent made substantial adjustments including phased return, reduced hours, funded transport, and support.

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• •Whether the claimant was unfairly dismissed
• •Whether the claimant was directly discriminated against on grounds of disability
• •Whether the respondent failed to make reasonable adjustments for disability
• •Whether the claimant suffered discrimination arising from disability
• •Whether the claimant was harassed related to disability
• •Whether there were unauthorised deductions from wages
• •Whether there was an unauthorised deduction regarding holiday pay

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