£70,000 DDA compensation: NHS should have made reasonable adjustments

    25 Jan 2005

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    A nurse has been awarded £70,000 compensation for unfair dismissal, after a tribunal found that the NHS had breached the Disability Discrimination Act 1995 by failing to make reasonable adjustments for the nurse's neck injury.

    Diane Whitten suffered neck and back injuries back in January 1999 when the strap snapped on a heavy bag she was carrying at work. Ms Whitten was then dismissed in September 2000 because she was unable to carry out her normal work duties.

    In 2002, an employment tribunal found that the NHS had failed in its duties to Ms Whitten under disability legislation. The tribunal criticised the NHS, saying that as a large employer it should have made efforts to retrain the nurse for a different role. Ms Whitten is now working as a screening nurse for a different organisation.

    Ms Whitten was represented by the Royal College of Nursing.

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