The healthcare assistant had been accused of being ‘deliberately disruptive’
The Royal Blackburn Hospital(Image: James Maloney/Lancs Live)
A healthcare assistant has won an employment tribunal claim after accusing bosses of discriminating against her because of her dyslexia and dyspraxia.
A Band 2 health care assistant who had worked at the Royal Blackburn Hospital since 2014, brought an employment tribunal case against her employer, East Lancashire Hospitals NHS Trust.
The tribunal considered more than 2,800 pages of evidence before ruling that her claims for disability discrimination, victimisation and harassment were well-founded. Several other complaints were dismissed by the judge.
The tribunal heard that in April 2023, having been moved to a different department after facing three unfounded disciplinary hearings, managers were calling for the nurse to be moved once more with one adding in an email: “I’ll do my best in the meeting, but I’m not sure we have any job where we can stop her from being unintentionally disruptive.”
HR bosses had decided that the Band Two nurse’s role should be structured with a set routine and regular supervision. They also said that she was not suited to unpredictable and busy environments.
She brought the case against the trust in which she said her colleagues had discriminated against her due to her disabilities. On one occasion a male colleague slapped her on the bum.
Employment Tribunal documents state: “On 15 July 2023 the claimant was smacked on the bottom by another employee (male), shortly after he had told her that he would do so.
“We were provided with a statement made by the colleague in which he accepted that he had done so and in which he apologised. That colleague was given a written warning on 4 August, albeit nobody told the claimant what the outcome of the process had been. The colleague was initially suspended, but shortly afterwards returned to work. Nothing was done to assist the claimant with the fact that she might have to meet him at work or to discuss with her that she might do so.”
A further hearing is due to take place to determine the level of compensation to be awarded to the nurse.
After the tribunal ruling was published, Interim Chief People Officer at East Lancashire Hospitals Trust, Dr Neil Pease said: “East Lancashire Hospitals NHS Trust is committed to supporting every colleague who needs an adjustment not just to enable them to do their jobs effectively, but to actively thrive at work.
“This is critical to caring for our patients and working as a team too. Whilst there are many colleagues succeeding across all services and settings with adjustments in place, it’s clear that we didn’t get it right in this case.
“We accept the judgement completely and have apologised to [the nurse]. What’s important now is that we fully understand why and improve our processes and procedures urgently.”
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