Sadie Stuart v Princess Alexandra Hospital NHS Trust — 2022

Ms Stuart had autism spectrum disorder and worked as a Ward Assistant on acute wards. The tribunal accepted that she struggled with autonomous working, prioritising tasks that arose without warning, and multitasking. It also found that the respondent handled several matters poorly, including the initial occupational health response to her disclosure and the absence of briefing for colleagues about how her autism affected her work, but those failings did not change the central issue that the role required adaptability and initiative.

The tribunal found that the respondent made extensive efforts to support her: her initial supernumerary period was extended, she had occupational health involvement, weekly action plans, mentoring across Saunders Ward, Lister Ward and Tye Green Ward, and use of a notebook to record tasks. It also found that a Band 2 domestic role was offered on the same pay and status, but Ms Stuart did not want that change. The tribunal held that further adjustments such as a permanent or part-time mentor, or extending probation again, would not be reasonable because they would amount to someone else doing the core work of the post.

On the section 15 claim, the tribunal accepted that dismissal was unfavourable treatment arising from something consequent on disability, but held that dismissal was a proportionate means of achieving the respondent's legitimate aims of patient safety and efficient ward management. It therefore dismissed the disability discrimination claims in full. The tribunal did not need to decide the time-limit issue, though it noted that events before March 2019 would in any event be out of time.