NHS Consultant Wins Discrimination Case Over Knee Injury Leading to Title Loss

A senior NHS consultant has won a disability discrimination claim after she was stripped of her Clinical Director of Pain title due to a knee injury. Dr. Kathryn Grady, who had served the NHS for 41 years, was found to have been constructively dismissed by Manchester University NHS Foundation Trust.

Dr. Grady's knee gave way at work in March 2023, leading to her being signed off sick. While on leave, she was also informed that she had been overpaid nearly £200,000, which caused her significant anxiety. Following further time off for her knee and mental health, the Trust informed her of the 'discontinuance' of her Clinical Director role, a move her solicitor interpreted as a dismissal.

The employment tribunal ruled that the Trust's actions were unfavorable treatment due to her disability. The tribunal noted that her appointment to the director role was open-ended and there had been no indication of serious failings on her part. The judge stated that removing Dr. Grady from her position without warning was conduct likely to seriously damage the employment relationship, especially as colleagues were informed before she was.

Dr. Grady, 66, had a long career at the Trust, joining in 1995 and holding the Clinical Director of Pain position twice, from 1996 to 2004 and again from a decade later. She became clinical director of the merged pain services in 2017 following a Trust merger. She was informed of the removal from her director role in September 2023, shortly after beginning a phased return to work, and subsequently went absent due to ill health. Her employment concluded on December 10, 2023.

While Dr. Grady's claims of unfair dismissal and unfavorable treatment due to disability were successful, her claims of failure to make reasonable adjustments and age discrimination were dismissed. She is now in line for compensation.