A senior NHS consultant has won an employment tribunal case after a panel found that she was subjected to unfavourable treatment because of her disability and was constructively dismissed.
Dr Kathryn Grady, who spent four decades working for the NHS, had served as clinical director of pain services at Manchester University NHS Foundation Trust.
The tribunal found that the decision to discontinue her clinical director position seriously damaged the employment relationship and ultimately contributed to the end of her employment.
Dr Grady Had Worked for the NHS for 40 Years
Dr Grady began working for the University Hospital of South Manchester NHS Foundation Trust in 1995 as a consultant anaesthetist specialising in pain medicine.
She initially served as clinical director of pain services between 1996 and 2004 before returning to the role about a decade later.
Following the 2017 merger that created Manchester University NHS Foundation Trust, she became clinical director of the combined pain services and remained in the position until 2023.
Knee Injury Led to Period of Absence
The employment dispute followed health problems that began when Dr Grady’s right knee gave way while she was working a lengthy theatre list in March 2023.
She was unable to put weight on the affected leg and underwent an MRI scan. She was advised to use crutches and not undertake further theatre lists that week.
Dr Grady was subsequently signed off work and later began a phased return after occupational health assessed her as fit to work with adjustments.
Trust Was Reviewing the Pain Service
During the same period, the trust was examining the operation of its pain service.
The tribunal heard that Dr John Moore, the clinical head of division for anaesthesia, critical care and perioperative medicine, had been planning a detailed review of the service.
Dr Grady was absent from work when Dr Moore contacted her regarding her job plan, and she did not respond to the email.
An email circulated in June 2023 acknowledged challenges within the pain service and indicated that additional leadership and human resources support was required.
£190,000 Overpayment Added to Her Anxiety
Dr Grady was also informed during this period that she had received an overpayment of £190,328.
The sum related to a Clinical Excellence Award payment that had continued after it should have ended in 2018.
The tribunal heard that the unexpected demand caused Dr Grady considerable distress and anxiety.
She was subsequently signed off work again, with both her knee condition and anxiety contributing to her absence.
Clinical Director Role Was Discontinued
Dr Grady began a phased return to work in July 2023.
However, the situation changed in September when she was informed that her position as clinical director of pain would be discontinued.
She was given three months’ notice.
Dr Grady’s solicitor subsequently wrote to the trust stating that she regarded the notice as an actual dismissal and argued that the removal was unfair.
The solicitor also alleged that the real reason for the decision was connected to Dr Grady’s disability or matters arising from it.
Tribunal Finds Removal Damaged Employment Relationship
Employment Judge Rhodri McDonald, sitting in Manchester, found that removing Dr Grady from the clinical director position without prior warning amounted to conduct capable of seriously damaging the employment relationship.
The tribunal concluded that her appointment had been open-ended and that she could reasonably have expected it to continue unless there were indications of serious shortcomings in her performance.
The judgment noted that there had been no such indication.
The tribunal also highlighted that the trust had confirmed during substantive contact in March 2023 that it was content for her to continue in the role.
Colleagues Were Told Before Dr Grady
The tribunal heard that some of Dr Grady’s colleagues had been informed about her impending removal before she herself was told.
Judge McDonald said this contributed to the seriousness of the situation because the loss of her position represented a loss of status and would have been particularly humiliating if colleagues already knew about the decision.
The tribunal concluded that the circumstances surrounding her removal amounted to conduct that was likely to destroy or seriously damage the employment relationship.
Some Claims Were Successful and Others Dismissed
Dr Grady successfully brought claims relating to unfair dismissal and unfavourable treatment because of disability.
However, the tribunal did not uphold her claims concerning a failure to make reasonable adjustments or age discrimination.
The judgment therefore distinguished between the claims that were established and those that were not.
Compensation Will Be Determined
Following the tribunal’s findings, Dr Grady is now in line for compensation.
Speaking about the case, she said she found it ironic that her time as clinical director of a pain service ended after she developed significant knee pain.
Dr Grady, now 66 and from Altrincham in Greater Manchester, said she had worked for the NHS for 40 years, including 29 years with the trust.
She said she had experienced very little sickness absence during her career apart from a serious bout of pneumonia when she was around 40.
Dr Grady Says She Had Helped Lead the Service
Reflecting on her experience, Dr Grady said she believed she had played an important role in maintaining the pain service at the trust.
Her employment ended on December 10, 2023, after she remained absent from work following the decision to remove her from the clinical director position.
The tribunal’s findings focused on the circumstances surrounding that decision and its impact on the employment relationship, rather than concluding that every allegation made by Dr Grady had been established.
The case has now left the NHS consultant eligible for compensation following the findings in her favour.
