Nurse wrongfully sacked after nearly 300 sick days, tribunal rules

1 June 2022

Image source, Getty Images

Image caption,

The nurse’s absences were related to disabilities, the tribunal heard

A senior nurse who took nearly 300 sick days due to severe migraines and depression was wrongfully sacked, a tribunal has found.

Caroline McKenzie was dismissed by hospital bosses in Leicester following numerous warnings about her attendance.

However the tribunal heard both migraines and depression/anxiety are considered as disabilities.

A judge concluded she lost her job “at least partly” because of her disability-related absences.

In March, Employment Judge Saleem Ahmed oversaw the tribunal in which Ms McKenzie claimed her dismissal was due to disability discrimination, failure to make reasonable adjustments and unfair dismissal.

Official documents released this week show Ms McKenzie started working for University Hospitals of Leicester NHS Trust in November 2010 as a staff nurse.

She had two conditions – migraines and anxiety/depression – which are both considered as disabilities.

During her employment, Ms McKenzie suffered from “regular migraine attacks” that usually lasted for one to two days, the tribunal heard.

She struggled to control the illness despite using various medication.

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The University Hospitals of Leicester NHS Trust said the nurse stopped using medication, which led to long-term absences

The tribunal heard the stress of being the sole carer for her grandmother, who had dementia and cancer, and the use of personal protective equipment (PPE), increased the regularity of her migraines.

Throughout her decade-long career that started in 2010, Ms McKenzie was cautioned about her absences on a number of occasions.

She was first given a written warning in 2013 and attendance targets were implemented in 2019.

Following a deterioration in her mental health, she had 70 days off at the end of 2019 before being called to a level three absence hearing.

She was finally dismissed in August 2020.

The University Hospitals of Leicester NHS Trust argued Ms McKenzie’s absence record was not disability-related.

A representative told the tribunal the nurse withdrew from taking all of her medication in October 2019 and they claimed this led to further long-term absence.

However, the judge said it was “quite clear” the attendance warnings and eventual dismissal stemmed from disability-related absences.

He said Ms McKenzie’s condition was “optimistic” at the time of her sacking, adding the long-term absences were “unlikely to be repeated”.

Concluding the report, he said: “In all of the circumstances, we are satisfied that dismissal was not a proportionate response.”

The parties will now attend a remedy hearing, which will decide what level of compensation will be paid to Ms McKenzie.

Clare Teeney, chief people officer at University Hospitals of Leicester NHS Trust, said: “We will use the findings of the tribunal to improve our processes and to consider how we can better support our colleagues in future.”