Duty on employer

Case 3: The facts

Teresa Cambridge worked for an NHS Trust. The Trust carried out some building work in her office, creating a lot of dust. Cambridge started to experience symptoms of dryness in her throat and within weeks was diagnosed with a condition affecting her vocal cords. She was off work for some time and although her specialist advised that she return to work on just a few hours a day, the Trust decided that if she could not work full-time she would be dismissed on ill health grounds. She claimed she had been discriminated against on account of her disability.

The ruling

The EAT held the employer's reasons for dismissing her, which were to do with her inability to carry out her duties and the cost of continuing to employ her, could be a justification. However, first the Trust would have had to carry out a proper assessment of what was required to eliminate the disadvantage she suffered. The failure to do this meant that the dismissal was unlawful and contrary to the 1995 Act.

Mid Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566