£230k tribunal award
The recent employment tribunal of Mrs Kelly Ruddock and The Norfolk and Suffolk NHS Trust has resulted in total payments of more than £230k awarded to the claimant. The hearing also provides some important lessons for employers in other sectors to consider.
Background
This hearing centres on the challenges faced by a medical secretary who had originally been employed to work in an office environment. Changes at the Trust resulted in the claimant being required to work on a ward, and this despite much evidence to suggest that this was not suitable for someone with her medical history.
Important lessons for employers
This case highlights a number of important lessons for employers and their HR teams to consider. Particular points to note include:
- The dangers of poor workplace communications.
- Failures to implement identified reasonable adjustments.
- Mistakes in occupational health referral policies.
Award
The tribunal announced a total award of £232,903. This included unfair dismissal (£2,373) and loss of statutory rights (£500). The bulk of the award was for discrimination (£230,029) as the Trust’s actions had;
“put persons who shared the Claimant’s protected characteristics at a substantial disadvantage”
This very significant compensation amount reflects multiple failings, with poor communication being a central component of the hearing. The tribunal documents include these very telling passages;
“The most obvious adjustment which the Respondents could have made, however, was to allow the Claimant to continue to carry out her role as she had done previously…
…had the Claimant been told this, none of these problems would have arisen, this Tribunal case would almost certainly not have been necessary (or if it had the issues would have been much more limited) and the Claimant would have been able to continue (and perhaps would continue to this day) to be employed in the role which she had previously undertaken and clearly enjoyed”
The role of occupational health
There are also aspects of this judgement that indicate poor procedures in making occupational health referrals.
Firstly, the formal request for the occupational health assessment was delayed. There were also concerns around the permissions to distribute the report.
The problems didn’t stop there. The occupational health report also found that;
“[the claimant’s] rationale for not wanting to work on the Ward… is valid based on the conditions she has and the symptoms she describes as experiencing.”
It follows that a reasonable adjustment was to allow the claimant to continue to work in an office as she had done previously. The failure to make this adjustment was clearly a key milestone on the path to the eventual tribunal hearing.
Key summary for HR Professionals
What can HR experts learn from this tribunal decision?
The key lesson is one of better workforce communications. These should always be clear, unambiguous, and documented. Occupational Health Assessment Limited would also suggest that HR experts;
- Engage with occupational health referrals as soon as practicable.
- Always act on and document referral recommendations.
- Consider and enable reasonable adjustments where possible.
- Document every step: notes, meeting minutes, emails – they all matter in tribunals.
About Occupational Health Assessment Ltd
Occupational Health Assessment Ltd is an SEQOHS Accredited and Certified B-Corp nationwide occupational health provider.
We provide rapid access to expert occupational health support for businesses right across the United Kingdom. Appointments are available nationwide within two days.
With a unique occupational health assessment service, night worker health assessments, fitness certifications and access to clinics in Belfast, Birmingham, Bradford, Brighton, Bristol, Cardiff, Coventry, Derby, Edinburgh, Glasgow, Hull, Leeds, Leicester, Liverpool, London, Manchester, Newcastle, Northampton, Nottingham, Plymouth, Portsmouth, Reading, Sheffield, Southampton, Stoke, Surrey and more, the business provides high quality, expert medical advice.
Please contact us for further information or assistance.