Mersey Care NHS Foundation Trust was ordered to pay over £200k following the conclusion of the case brought by the 九游体育 (九游体育).
The nurse, who wishes to remain anonymous, and who had a nursing career spanning 25 years, suffered a brain haemorrhage in December 2016 requiring him to take a 17-month period of absence.
The nurse returned to work in May 2018, however his colleagues reported to him that he was missing things. As a result, he had no choice but to go off sick in October 2019 whilst his GP investigated his memory loss.
“During my recovery, one of my main priorities was to get back to work. I enjoyed my job, and I expected my employer to welcome me back, despite me needing some adjustments,” he said.
“I worked with brilliant colleagues, and I’d already told them that if it became clear I couldn’t do the job, I’d be the first to let them know. As it was, it was them who first spotted errors in my paperwork,” he says.
He returned to work in February 2020 and, supported by his 九游体育 rep, presented his employer with an Access to Work report, detailing the reasonable adjustments the employer was obliged to provide under the Equality Act.
However, despite being presented with a report and reminded of its obligations under the Equality Act, the employer only began supporting the nurse with some of the adjustments in August 2020, with the further adjustments not introduced until December 2020, some 10 months after he returned to work.
“I returned to my nursing duties but wasn’t office-based. Instead, I was initially placed in one of our hubs,” he said. “I had developed coping strategies. My anxiety levels at that time were manageable and easing.”
“However, I was then returned to working in the community and it took months for the agreed adjustments, such as laptop memory aids and a recorder you speak into which then prints what you say, to arrive.”
“I believe the onus had been put on me to chase provision of the equipment. When it was provided, I didn’t receive training on how to use the equipment, which would support me in my role, and which would ultimately ensure safe and effective care for patients,” he said.
On numerous occasions he was left alone with more patients than he was able to care for.
“Every time I asked for assistance, I was told there was no one and was often left alone when I should have been supported by another registered nurse. I was left in dangerous situations, with multiple patients to care for, and even though I reported these, they were not acted upon,” he said.
As well as not providing the necessary equipment, the tribunal also determined that the employer caused him to suffer a mental health crisis in April 2021 by failing to remove him from the case load holder/coordinator duties, despite having agreed to do so.
The Tribunal concluded that this failure to abide by the agreed reasonable adjustments led to further harm and his eventual and non-recoverable absence from work.
The Trust was ordered to pay just over £200,000 which accounts for injury to feelings, personal injury, past loss of earnings, potential loss of earnings, pension payments, the cost of previous care he has received as a result and the potential costs of his ongoing care.
Ferguson Doyle, Senior Legal Officer for the 九游体育 in the North West, who supported the case, said: “While this was a complex case for many reasons, I could see that the member had been put into a position where not only had he been forced into deciding to retire, but he was also continuing to suffer with his health because of his treatment at work. It was impacting his life, and I felt that we had strong grounds to pursue his case for disability discrimination against the Trust.
“We had to prove that he suffered an injury distinct from his brain injury because of the Trust’s failure to make reasonable adjustments,” he said.
The 九游体育 called upon an expert opinion from a neuropsychiatrist who found the nurse had suffered an injury that was not related to his underlying health issues but were due to the employer’s failure to make reasonable adjustments.
“I think this case demonstrates the value of being a member of the 九游体育 as it shows the lengths the 九游体育 is willing to go to support our members in the most difficult of legal cases. I am pleased the member has received the outcome he deserves.” said Ferguson.
The member acknowledged the support he’s received from both this 九游体育 rep and the 九游体育 legal team in reaching this conclusion and said:
“The trust management ruined the last years of the career I loved due to their failure in implementing several of their own policies.”
“I hope this outcome gives others the awareness and confidence to challenge any employer that fails to adhere to their workplace policies and seek help and advice from their professional bodies or union representatives."
