In the case of Mrs S D’Silva v Croydon Health Services NHS Trust Sacramenta D’Silva worked at the chest clinic of Croydon Health Services but claimed she was “petrified” of working with members of the public and colleagues full-time.
D’Silva, who worked at the NHS for 18 years, asked to be moved to the appointments booking team in the back office but bosses insisted her role was “patient facing”, the tribunal heard.
After she went on sick leave D’Silva was sacked for being unable to do the job, but the tribunal has now concluded that she was unfairly dismissed and awarded her £56,684 in compensation.
D’Silva began working at the clinic in London in 2003 but was forced to take time off after suffering from stress and anxiety. The hearing was told she returned to work in 2017 following a long absence and believed she was going to be offered a role in the back office as part of a phased return.
However, she became “very upset” when she learned that this role was only temporary and that she would eventually be returned to a “face to face reception role”.
The tribunal was told that one manager remarked: “I do not know if there is a resolution as [she] does not want to carry out the role she is employed to do.” Ruling that D’Silva was unfairly dismissed, Anna Corrigan, an employment judge, said: “The (trust) had the duty to make reasonable adjustments or… to take reasonable steps to investigate alternative work.
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