A senior NHS pain consultant has successfully won a disability discrimination claim after she was stripped of her Clinical Director of Pain title, a role she held for many years, due to knee pain.

Dr. Kathryn Grady, who had served the NHS for 40 years and her specific trust for 29 years, was reportedly in her early sixties when her right knee gave way in March 2023 while she was performing a long theater list. This injury led to her being unable to put weight on her knee and required her to use crutches. An MRI scan was ordered, and she was advised to cease theater lists for the week.

During this period of absence, Dr. Grady was also informed that she had been overpaid nearly £200,000 due to an error involving a Clinical Excellence Award payment that should have ceased in 2018. This news caused her significant anxiety, contributing to her decision to take further time off for both her knee and her mental health.

An occupational health report in June 2023 found Dr. Grady fit to work with adjustments, and she began working from home. However, in September 2023, she was informed of the "discontinuance" of her Clinical Director of Pain role, with three months' notice. Dr. Grady's solicitor interpreted this letter as notice of actual dismissal. The employment tribunal later found this dismissal to be unfair, suggesting the primary reason for her removal was her disability or related issues.

The tribunal, held in Manchester and presided over by Employment Judge Rhodri McDonald, found that Manchester University NHS Foundation Trust constructively dismissed Dr. Grady. The judge stated that the Trust's action of removing her from her leadership role without warning was objectively conduct likely to destroy or seriously damage the employment relationship. He noted that her appointment was open-ended and she would have expected it to continue without indication of serious failings, of which there were none.

Judge McDonald also highlighted that colleagues had been informed of Dr. Grady's impending removal from her role before she was, describing the situation as "doubly humiliating when others knew before [Dr Grady] did."

Dr. Grady had previously held the position of Clinical Director of Pain between 1996 and 2004 and was reappointed a decade later. Following a trust merger in 2017, she became the clinical director for the combined pain services, a role she held until September 2023. She did not return to work before 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 for failure to make reasonable adjustments and age discrimination were dismissed. She is now entitled to compensation.