Mrs K Luker v South Tyneside and Sunderland NHS Foundation Trust — 2022

The claimant was a band 6 senior registered nurse in radiology who developed chronic urticaria in January 2019. The tribunal found that the respondent applied a PCP requiring her to wear protective lead while radiation-producing procedures were in progress, and that this placed her at a substantial disadvantage because the heavier apron exacerbated her skin condition and the heat and pressure affected her symptoms. Occupational health and dermatology advice identified possible adjustments, including lighter lead aprons and amended duties.

At the 11 July 2019 meeting the claimant proposed four adjustments: lighter lead aprons, rotation of some radiology duties with cardiology nurses, permission to monitor patients from behind the fixed lead screen while radiation was being emitted, and a reduction in the temperature in room 5. The tribunal found that the respondent took a fixed view that behind-screen monitoring would reduce the level of nursing care and did not trial the proposals or meaningfully investigate rotating duties. It also found that the respondent had only monitored the room temperature and made limited estates changes, without evidence of the cost or feasibility of more substantial temperature control.

Applying the reasonable-adjustments authorities it cited, the tribunal held that it would have been reasonable to trial lighter lead aprons, allow the claimant to monitor from behind the screen, rotate some duties, and address the room temperature, at least by mid to late July 2019. It rejected the respondent's case that a zero-gravity radiation protection system was a reasonable adjustment on the evidence before it, given the cost, logistics, and the short remaining period before the claimant left work. The complaint under sections 20-21 Equality Act 2010 succeeded. The separate complaint of discrimination arising from disability was withdrawn at the hearing and recorded as dismissed upon withdrawal. The tribunal directed a separate remedy hearing for financial loss and injury to feelings.