Zoe Kitching, who has anxiety, depression, and is bipolar, was sacked from theRoyal Lancaster Infirmary after taking more than 400 days off sick between 2019 and 2023
An NHS cleaner fired for taking more than 400 days off sick in four years has received a huge payout of nearly £50,000 by a tribunal after her boss “did not believe” she was disabled.
Zoe Kitching had several lengthy periods of leave from her job at the Lancaster Suite at Royal Lancaster Infirmary between 2019 to 2023. Most of the time off was as a result of “complex mental health issues” – but one NHS boss insisted she was not disabled ahead of her unfair sacking.
Ms Kitching has now successfully sued the University Hospitals of Morecambe Bay NHS Foundation Trust after representing herself at a hearing in Manchester. She won claims of disability discrimination and unfair dismissal and has been awarded £49,147 in damages.
Ms Kitching sometimes suffered breakdowns which led to having time off, it was heard. She asked her manager Ruth Bradburn if she could cut down her hours at the Lancaster Suite, but Ms Bradburn refused the request. One period of disability-related absence, from September 2020 to January 2021, lasted for 130 days.
Although she had previously been classified as disabled, in January 2021 the hospital received an occupational health report which ‘curiously’ stated she was ‘not a disabled person within the meaning of the Equality Act 2010’, the tribunal found. Over the following months, Mrs Bradburn – Patient Environment Site Services Manager – held meetings with Ms Kitching over her absences and set her targets to reduce days off.
By June 2023, her absences had improved, but she was sacked by David Passant, Divisional Manager of Facilities. Christopher Brisley, People & OD Business Partner, told Mr Passant Ms Kitching was not disabled.
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.”
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.
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.”
