Therapist Awarded £26,809 After Tribunal Finds Disability Discrimination in Dismissal
A soft tissue therapist with endometriosis and tendonitis has been awarded £26,809 in compensation after an employment tribunal ruled that her dismissal for requesting ten-minute breaks between clients constituted disability discrimination. Iunia Butunoi, who worked at Nurture Chiropractic Clinic in Romford, Essex, was deemed not "reliable" and sacked after her request for short breaks was denied, the East London tribunal heard.
Background of the Case and Medical Conditions
Ms Butunoi was employed by Nurture Chiropractic Clinic Limited, part of the Turner Health Group, between November 2020 and November 2022, working 14 hours per week. She had been diagnosed with endometriosis in 2018, a condition that caused her stomach cramps, bleeding, back pain, and exhaustion. Dr Angel Turner, the company director, was aware of her anxiety, depression, and endometriosis. Despite her health issues, Ms Butunoi was considered "good at her job."
In May 2021, she injured her right wrist while lifting a heavy bag of soil at home, leading to a diagnosis of tendonitis. This prompted her to begin a period of sickness leave in June 2022. During an ill-health review meeting that month, she requested 10-minute breaks between massage clients to manage her conditions, but this was declined because her shifts were only up to five hours long.
Employer's Response and Dismissal
Nurture Chiropractic Clinic stated it was unable to accommodate Ms Butunoi's request for breaks, citing its status as a small business and the need to "deliver a reliable efficient service." In August 2022, she raised a grievance, noting that the lack of adjustments "strongly impacted my life negatively" and harmed her mental health. Dr Turner responded in a letter, warning that if she could not return to work by the end of August, termination would be considered.
At a further health meeting in October 2022, it was confirmed that her absence was due to her wrist injury, anxiety, depression, and endometriosis. She was fired in November 2022, with the employer stating they had "no confidence" she could attend work "regularly and reliably in the foreseeable future," despite her ability to work for another employer during her absence.
Tribunal Findings and Ruling
Ms Butunoi did not appeal the dismissal but sued Turner Health Group at the East London Tribunal Centre. The tribunal panel found that her sick leave resulted from her "painful left wrist, her anxiety and depression and endometriosis." Employment Judge Paula Volkmer ruled that the dismissal was due to both her absence and uncertainty about her return, with sick leave being a significant factor.
Judge Volkmer noted that Dr Turner claimed the dismissal was a "proportional means of achieving a legitimate aim" of fair treatment for staff on sick leave. However, the tribunal found that Ms Butunoi was not given the opportunity to return to two afternoon shifts per week, which already included the requested ten-minute breaks without operational changes. It also highlighted that another staff member with a similar absence record was not dismissed and was granted a phased return.
The judge stated that allowing Ms Butunoi to return with the breaks would have been "more consistent" and a "less discriminatory way" of achieving fair treatment. The tribunal concluded that the dismissal was not a proportional means of achieving the stated aim, awarding £26,809 in compensation. Other disability discrimination claims were dismissed.
