Labour Research May 2017

Health & Safety Matters

Sacked nurse wins battle to be reinstated


A nurse dismissed for frequent short-term sickness absences at a time when she was experiencing domestic violence has won her legal battle for justice with the help of the public services union UNISON. 


An employment tribunal ordered Karen Allen-Powlett’s employer, Cardiff and Vale University Health Board, to give the intensive care nurse her job back and pay her compensation for loss of earnings. 


The union criticised the health board’s “draconian” application of its sickness absence policy after it sacked Allen-Powlett for taking 15 short-term absences in her first two years’ employment with the trust. A number of these were for migraines caused by the mental stress of her husband’s violence. 


Police eventually forcibly removed him from their home, and the end of the relationship saw a return to better health. 


However, the board later dismissed her after she took a day off with flu during the following seven months, arguing that her attendance had not shown “significant improvement”. She had told her supervisor six months earlier that the underlying reason for her previous ill health was her violent husband.


The tribunal said the board had acted unfairly in sacking her and ruled that she must be allowed to return to work and must be paid compensation for her loss of earnings. 


UNISON organiser Andrew Woodman said: “This is a significant victory for Karen and the right of all employees to be treated fairly.”

https://www.unison.org.uk/news/article/2017/03/wales-nurse