Senior NHS pain consultant stripped of her title after going off sick with sore knee wins disability discrimination claim
Dr Kathryn Grady, a senior NHS pain consultant with 40 years' service, has won a disability discrimination claim against Manchester University NHS Foundation Trust. An employment tribunal found that she was constructively dismissed after being stripped of her Clinical Director of Pain title whilst on sick leave for knee pain, concluding she suffered unfavourable treatment because of her disability. She is now entitled to compensation for what the tribunal found to be discriminatory actions by the trust.
Dr Grady, now 66, joined the trust in 1995 and held the clinical director position for two separate periods, most recently from 2014 until September 2023. Her right knee gave way during theatre work in March 2023, forcing her to take medical leave. Compounding her difficulties, she was told in June 2023 that she had been overpaid almost £190,000 through a continued Clinical Excellence Award payment, a discovery she described as coming as a "massive shock" and a source of "great anxiety". The trust gave her three months' notice of "discontinuance" of her director role in September 2023, which her legal representative treated as notice of dismissal, citing disability as the real reason for her removal.
- 40-year NHS veteran wins discrimination claim after losing director title during sick leave
- Employment tribunal found she was constructively dismissed due to disability-related unfair treatment
- She is now entitled to compensation from Manchester University NHS Foundation Trust
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Dr Kathryn Grady is a senior pain consultant with over 40 years' experience in the NHS who joined Manchester University NHS Foundation Trust in 1995. In March 2023, she injured her knee whilst at work and took medical leave to recover. Whilst off sick, the trust removed her from her position as Clinical Director of Pain, which she had held since 2014.
This situation raises questions about disability discrimination in the workplace. Disability law protects workers from unfavourable treatment because of their health condition, and the removal of someone from their position whilst they are unable to work due to illness can breach these legal protections.
In June 2023, the trust informed Dr Grady that she had been receiving incorrect overpayments totalling almost £190,000 through a Clinical Excellence Award scheme. In September 2023, she was given notice that her director role would be discontinued. This prompted her to seek redress through an employment tribunal.