THE TAXPAYER-FUNDED GOOSE THAT LAYS ITS GOLDEN EGGS
It will never cease to amaze and infuriate my sense of justice that not working due to varying medical conditions can be so financially rewarding.
This textbook example of our country's generosity through taxpayer funding refers to a hospital cleaner who appears to have done little in the way of cleaning. I certainly can't imagine her mop and bucket saying with all the usual enthusiasm that comes from familiarity, 'Morning mummy, which wards are we cleaning today?'. The hospital concerned is the Royal Lancaster Infirmary. Zoe Kitching, the cleaner in question took several periods of sick leave between 2019 and June 2023. In total, she took 406 days off work during that period, one continuous absence lasting 130 days - that's four and a half months!
Eighty-five per cent of this time off was apparently due to her disability which comprised of 'anxiety', 'depression' and being 'bipolar'. As Messrs 'Law', 'Best' and 'Charlton' are the Holy Trinity to Manchester United, her three afflictions are to an impending Golden Egg! The report I read stated ZK 'was' bipolar, as opposed to 'is'. Does it mean the problem has 'cleared up and gone away, or the correspondent doesn't know their tenses from their elbow? Incidentally, the remaining fifteen per cent of time off work was due to Covid-19, cold and/or flu. Poor lass, she was put through the mill, wasn't she, not much passed her by without a sick-note being there for the signing.
Despite meetings with hospital management, none of those to whom she was responsible to, nor answerable to, took on board her 'disabilities'. There's a surprise! In fact, an Occupational Health report in 2021 stated she was NOT a disabled person under the Equality Act of 2010. ZK was duly dismissed in June 2023. Not good enough apparently, certainly not good enough for those sitting in judgement at this week's tribunal. The hospital management suffered rapped knuckles, with the judge, one Robert Childes, stating that 'The NHS Trust should have permitted a high level of sickness absence overall and failure to do so was a failure to make adjustments'. The tribunal ruled that it was 'irrational and wrong' to deny ZK's disability status and that she should have been afforded more sick leave. More!! Obviously 130 days at a time isn't long enough! Have these judges ever employed staff? Would they put up with that sort of behaviour from someone in their employ? ZK represented herself, well she would do, all that time not working, sitting at home with depression and all that goes with it. What better tonic than to 'hone up' your courtroom skills, research the law and take your employers to court. Anyone in their right mind with genuine problems and a desire to be fair to their employers, would have resigned on the basis that they were not fit to work, thereby granting someone who was not only fit but able to work the opportunity of employment. Employment that would not only see a regular face within the team of cleaners but a mop and bucket firmly attached to its longstanding human partner, exuding excitement and jollity every working day.
ZK was awarded £49,147 in damages. Unbelievable! With me in charge of the tribunal, an apology by ZK for wasting tribunal time and hospital/taxpayer money would be the first part of the somewhat speedy court proceedings. This would be followed by a desire to change the law so that similar cases never get further than a daydream. Finally, (some three minutes after the case started its waste of everyone's time), there would be a summing up word of advice given to the alleged 'victim' to 'get over it' and stop feeling so sorry for themselves! Still, it paid off for this lady, must be so inspirational for those seeking similar financial gratification in the weeks and months to come, especially in Mr. Starmer's world of even greater employee rights...