NHS Foundation Trust Ordered to Pay £27k for Failing to Provide Reasonable Adjustments

In Mrs Rose Davies v Gloucestershire Health and Care NHS Foundation Trust, an administrator was awarded £27,000 in compensation following her employer’s failure to make reasonable adjustments for her disability. Read on as we examine what happened and the employment tribunal’s judgment.

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The Facts in Mrs Rose Davies v Gloucestershire Health and Care NHS Foundation Trust

Mrs Davies’ Background

Mrs Rose Davies (“The Claimant”) suffered a brain haemorrhage in 2001, which left her with several significant and long-term impairments. These included memory loss, difficulty concentrating, and heightened sensitivities to noise and light.

On 3 March 2014, she began working as a part-time administrator for the predecessor of Gloucestershire Health and Care NHS Foundation Trust (“The Respondent”). Initially, she worked 18.5 hours per week in a quiet office. Unfortunately, this environment soon changed when a new staff member was employed, whose role required frequent telephone conversations.

This change caused Mrs Davies significant problems, as the increased noise distracted her from her tasks, exacerbating her concentration difficulties. She promptly reported these issues to her employer and was moved to a quieter office as a temporary measure. Following this, she was referred to Occupational Health (OH) to assess her situation further.

Occupational Health Advise NHS Foundation Trust on Adjustments

An OH assessment took place on 21 August, where it was determined that Mrs Davies was fit to work as long as reasonable adjustments were made. These recommendations included a quieter office environment to reduce distractions and help her manage her tasks more effectively. Once these adjustments were implemented, Mrs Davies reported feeling well and able to cope with her workload.

However, the positive effects were short-lived. In August 2015, Mrs Davies was moved back to her original office, where the noise levels remained high. As before, this environment severely impacted her ability to concentrate, and her work performance suffered.

Despite raising these concerns during one-on-one supervision meetings in August and September, no lasting solutions were found. Once again, she was referred to OH in January 2016 for another assessment, and further recommendations were made concerning office noise.

A Formal Complaint is Raised

In March, Mrs Davies was relocated to another quieter office. Unfortunately, unlike her previous relocation, the adjustments this time proved ineffective. Frustrated and concerned about her declining working conditions, she filed a formal complaint on 6 June.

This led to another referral to OH, where the NHS Foundation Trust sought further guidance on supporting her. A follow-up assessment took place on 19 July, which recommended that Mrs Davies either be provided with her own office or be redeployed to a more suitable role.

NHS Foundation Trust Fails to Implement Effective Adjustments

Despite these recommendations, Mrs Davies was informed in a meeting on 2 December that no further reasonable adjustments could realistically be made. Over time, she appeared to be managing her work better, though this improvement was not sustained. 

In June 2018, another employee was hired, and their role again involved making frequent phone calls. As had happened previously, this caused significant difficulties for Mrs Davies, severely affecting her ability to concentrate. 

When she requested further adjustments, including a move to the “quietest corner in the office”, her request was bluntly refused on 5 July. This refusal prompted Mrs Davies to take a week of stress-related sick leave, beginning the following day.

Mrs Davies Resigns

Upon her return to work, a further OH assessment was conducted on 16 August. This time, the OH professional advised the NHS Foundation Trust that Mrs Davies likely met “the criteria for protection under the disability provisions of the Equality Act”. Accordingly, they recommended that reasonable adjustments were necessary for her to function in her role effectively.

As such, on 12 September, Mrs Davies was informed that a Display Screen Equipment (DSE) assessment would be arranged. However, despite the assessment concluding that the noise levels were unsatisfactory, the tribunal later found that no meaningful actions were taken in response. Because of this, the tribunal labelled the DSE assessment a “pointless exercise”.

Mrs Davies’ challenges didn’t end there, though. On 31 October, her employer discovered that she had been staying late at work to complete her tasks after her colleagues had left, allowing her to work in a quieter environment. Unfortunately, her employer misunderstood the reasons for her late working hours, assuming she was struggling with her workload.

On the same day, Mrs Davies began her second and final period of sick leave. She never returned to work after that. Over the following year, she and the NHS Foundation Trust exchanged correspondence to explore the possibility of her returning to work, but these efforts were ultimately unsuccessful. On 24 October 2019, Mrs Davies resigned, stating in her resignation letter that she felt she had “no choice but to resign in light of recent correspondence received and ongoing issues” with her employer.

Employment Tribunal’s Judgment

Following proceedings, the Employment Tribunal quickly determined that Mrs Davies was disabled under the Equality Act 2010. Therefore, her employer had a legal duty to make reasonable adjustments to accommodate her.

The tribunal found that this duty was breached during two key periods: from 1 September 2015 until March 2017 and from 1 July 2018 until 8 July 2019. While Mrs Davies was out of time to bring a claim for the first period, the tribunal ruled in her favour for the second. 

They concluded that the NHS Foundation Trust had failed to make adequate, reasonable adjustments during this time, placing Mrs Davies at a substantial disadvantage compared to her colleagues. As a result, she was awarded £27,208.74 for injury to feelings, loss of earnings, and interest.

Need Employment Law Advice? Contact Redmans Solicitors

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