Disabled nurse sets precedent - Jan 07
The Employment Tribunal has recently awarded substantial damages to a 22-year-old nursing assistant, after the veterinary surgery where she worked terminated her employment on the grounds of her disability.
The case of H Tudor v Spen Corner Veterinary Centre Limited represents one of the cases of direct discrimination brought by a disabled person against an employer.
Ms Tudor was employed as a veterinary nursing assistant and receptionist. She suffered a stroke in May 2005, and whilst in hospital was told she had gone blind It was unknown when or if her sight would return. In July, Ms Tudor telephoned her employers to inform them that she was out of hospital and could resume work, only to be told she had already been sacked.
The veterinary surgery had made an assumption that there was no point in trying to continue to employ Ms Tudor after her stroke. However, considering her job mainly consisted of receptionist duties, it would have been easy to make some reasonable adjustments for her, such as adjustments to the premises and speech software.
In view of the fact that Ms Tudor had only been absent for a short time when she was dismissed, the Employment Tribunal considered that an appropriate comparator would be someone who was unable to work due to a broken leg, and was unsure as to when they might be able to return to work. In respect of such an individual, the employer would not have made stereotypical assumptions, nor rushed to a decision without a proper consideration of the circumstances.
Ms Tudor successfully argued her case and the Employment Tribunal held that the employer had directly discriminated her. She was awarded over £20,000. The Tribunal found that:
The employer had made generalised and stereotypical assumptions about Ms
Tudor, the duration of her disability and the effects;
These assumptions had been reached without meeting with Ms Tudor, seeking
her input or referring to a medical report; and
The employer had failed in its duty to consider making reasonable adjustments.
It is clear from this case that employers should not make assumptions and disabled employees, without having all the facts, speaking to the employee and obtaining medical advice.
It is important to note that compensation for disability discrimination is unlimited and will reflect not only loss of earnings, but also injury to feelings. Employers should therefore seek proper advice when dealing with the employment of disabled employees.
|