Rail worker wins stress disability claim
Rail worker wins stress disability claim
A Heathrow Express worker fired after suffering stress-related illness as a result of a workplace 'needlestick' injury has won an unfair dismissal claim. An employment tribunal ruled RMT activist Sally Jenkins should be reinstated after Heathrow Express failed to consider reasonable adjustments to her role as a customer services representative to help her return to work from illness, in breach of the Disability Discrimination Act. She was also awarded £14,862 for loss of earnings and injury to her feelings. She had suffered panic attacks, anxiety and depression following the May 2001 needlestick incident and the months of uncertainty waiting for the result of an HIV test. After her most recent period of sickness leave, Sally's GP, therapist, consultant psychiatrist and occupational health doctor all recommended that she was fit to return to work. However, despite a recommendation in September 2005 from the company's own consultant psychiatrist that Sally could be eased back into work, she was dismissed on health grounds last December. 'This ruling has lifted a massive weight from me and I feel relieved and completely vindicated,' Sally Jenkins said. 'It has been a long haul, but RMT backed my case all the way.' RMT general secretary Bob Crow said: 'It is particularly breathtaking that Heathrow Express treated her so badly when the injury that sparked her problems was sustained at work.'
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