NHS worker fired for fear of patients is awarded £50k

‘The trust had the duty to investigate alternative work and redeployment’

AN NHS receptionist has won more than £50,000 after she was sacked – for being scared of patients.

Sacramenta D’Silva suffered from “public phobia” and was “petrified” of working on the front desk, an employment tribunal heard.

But her frustrated bosses insisted she had to deal with people coming in, the hearing was told.

When she went off sick she was fired, it was said.

The tribunal ruled she was unfairly dismissed and awarded her £56,000 compensation.

The hearing in Croydon, south London, heard that Mrs D’Silva started working at the chest clinic of Croydon Health Services in 2003.

She suffered from severe stress and anxiety and had to take time off work.

Following a long absence in 2017 Mrs D’Silva started a phased return to her job.

But she repeatedly told her managers that she felt unable to work with patients. She said she would be able to do other office work, such as booking appointments.

She went sick again in June 2018. A doctor from the occupation health team reported that she wanted to return to work but was “petrified” of having to deal with patients. He described her anxiety as “public phobia”. She was dismissed on “grounds of capability” due to ill health.

Employment judge Anna Corrigan said the NHS trust should have done more to help Mrs D’Silva to find an alternative role.

She said: “It was the trust that had the duty to make reasonable adjustments, or to take reasonable steps to investigate alternative work and consider redeployment.”

The judge ruled that Mrs D’Silva was unfairly dismissed and the trust failed to make reasonable adjustments to keep her at work. Her claims of disability-related harassment and victimisation were dismissed.