Tamsin Sandiford represented NHS Trust in Employment Tribunal on disability discrimination & unfair dismissal

Tamsin Sandiford successfully defended an NHS Trust against the Claimant’s claims of direct discrimination, discrimination because of something arising from disability, failure to make reasonable adjustments, harassment related to disability, holiday pay, and unfair dismissal. 

The Claimant was a long-standing employee who had been dismissed on the grounds of capability after a 17-month absence due to ill health. The claims centred around the Claimant’s dismissal and the alternatives to dismissal which had been explored.

The Tribunal dismissed the Claimant’s claims in their entirety, finding that none of the allegations showed “any hint of discrimination”; on the contrary, the Respondent had made “every effort” to assist the Claimant. The comments the Claimant had said were harassing were “completely innocuous” and done “with the Claimant’s best interests in mind”. 

The Tribunal found that the discrimination claims were out of time, but in any event they would not have succeeded as the Respondent had done “everything it could” to facilitate the Claimant’s return to work and to help her keep her job.