Ms K Burton v University Hospitals of Derby and Burton NHS Foundation Trust: 2602551/2019
| Judgment Date | 05 March 2021 |
| Citation | 2602551/2019 |
| Published date | 18 March 2021 |
| Court | Employment Tribunal |
| Subject Matter | Disability Discrimination |
Case No: 2602551/2019
Page 1 of 28
EMPLOYMENT TRIBUNALS
Claimant: Ms K Burton
Respondent: University Hospitals of Derby and Burton NHS Foundation
Trust
Heard at: Nottingham
On: Monday 4, Tuesday 5, Wednesday 6 January 2021 and
Monday 8, Tuesday 9 and Wednesday 10 February 2021
Before: Employment Judge Hutchinson
Members: Ms F French
Mr J Hill
Representatives
Claimant: In person
Respondent: Mr A Sugarman of Counsel
JUDGMENT
The unanimous judgment of the Employment Tribunal is as follows: -
1. The claim of unfair dismissal fails and is dismissed.
2. The claims of disability discrimination fail and are dismissed.
3. The claim of suffering detriment for making protected disclosures
fails and is dismissed.
4. The claim of breach of contract/unlawful deduction from wages fails
and is dismissed.
REASONS
Background to this hearing
1. The Claimant presented her claim to the Tribunal on 13 September 2019.
She had been employed by the Respondents at the Royal Derby Hospital in
Derby as a Senior Therapy Radiographer. She commenced her employment on
15 July 2013.
Case No: 2602551/2019
Page 2 of 28
2. Following her step father’s death, the Claimant was diagnosed with
depression and it will be seen from the findings of fact that there were several
periods of absence from work.
3. In December 2017 the Claimant was formally diagnosed with borderline
personality disorder and complex post-traumatic stress disorder and the
Respondents accept that from that time they were aware that the Claimant
suffered from a disability.
4. The Claimant claims that she raised issues of health and safety in the
Radiotherapy Department both towards the end of 2018 and in March 2019 and
says that she suffered detrimental treatment thereafter.
5. The Claimant commenced her final period of absence on 2 April 2019 and
subsequently attended a welfare meeting on 11 April 2019 and a long-term
absence review meeting on 16 May 2019. She says that the way that she was
treated at these meetings and particularly the final meeting amounted to the last
straw which caused her resignation with immediate effect on 22 May 2019. The
Respondents held a meeting with the Claimant on 7 May 2019 when they tried to
persuade her to withdraw her resignation and having been unable to do so
accepted that resignation with effect from that date. She was paid up to that date
but not for her notice pay.
6. The Claimant claims the following: -
6.1 Constructive unfair dismissal under section 94 Employment Rights
Act 1996 (ERA).
6.2 Direct disability discrimination under section 13 Equality Act 2010
(EQA).
6.3 Harassment relating to disability under section 26 EQA.
6.4 Failure to make reasonable adjustments under sections 20 and 21
EQA.
6.5 Discrimination arising from disability under section 15 EQA.
6.6 Whistleblowing detriment under section 43B of the ERA.
6.7 Unlawful deduction of wages/breach of contract in respect of her
final payment and a failure to pay her notice pay.
7. Originally the case was listed for 3 days commencing 4 January 2021 but
on the first morning it became apparent that there would be insufficient time deal
with the matter. The Tribunal spent the first day reading and then heard
evidence over 4 days and the final day was for submissions and the Tribunal
reaching its conclusions. In view of time constraints, I was only able to give the
parties a summary of our reasons orally and agreed to provide these written
reasons as soon as possible.
To continue reading
Request your trial