Represented by Thompsons Solicitors through UNISON Legal Services, Rumyanka Spasova, from Taverham, Norfolk, brought a claim against her former employer after workplace adjustments put in place following an injury at work were withdrawn. 

The Tribunal found that the employer had breached its duty to make reasonable adjustments under the Equality Act. 

A career caring for others cut short 

Rumy had worked at Oak Farm Clinic Care Home for almost 10 years when her life changed dramatically in January 2022. 

After slipping on an unmarked puddle while at work, she suffered injuries to her back and side. Although she was determined to return to the job she loved, her GP advised she should only carry out light duties while she recovered. 

Rumy says that, after initially supporting her return to work, her employer later withdrew those adjustments and required her to resume her normal duties, including heavy lifting. 

Within days, she suffered a further injury that caused permanent damage. 

Now 62, Rumy says she lives with pain every day and is unable to return to work as a care worker. 

She said: 

"The injuries I sustained really have impacted every aspect of my life. "I live with pain 24 hours a day. I can't work as a care worker anymore. I depend on my husband for so much, even for basic tasks. "What I find most frustrating is that I was getting better. The treatment was working and I was healing. Making me go back to heavy lifting completely undid everything." I'm not sure I'll ever really come to terms with how much it's changed my life." 

Tribunal finds employer failed to make reasonable adjustments 

The Tribunal heard that, after initially putting reasonable adjustments in place, the employer later withdrew them and instructed Rumy to carry out heavy duties despite ongoing medical advice restricting her to lighter work. 

When she raised concerns, those concerns were dismissed. 

Shortly after beginning her shift, she suffered the further injury that has left her unable to work again in the profession she had dedicated much of her life to. 

Originally a qualified nurse in Bulgaria, Rumy brought years of experience to the care sector and continued caring for vulnerable residents throughout the Covid pandemic. 

Importance of supporting injured workers 

Bernie Wentworth, Partner and Head of Employment Rights at Thompsons Solicitors, said: 

"This case highlights the importance of employers honouring their legal duty to make reasonable adjustments for disabled and injured workers. "Once an employer recognises that adjustments are necessary, they cannot simply disregard them." The consequences for our client have been devastating, leaving her unable to return to work and having a lasting impact on her health, career and quality of life." 

A UNISON spokesperson said: 

"Care staff look after society's most vulnerable. Yet all too often, they're let down by their own employers. "People deserve to feel safe in their workplaces. When that doesn't happen, as Rumy's case shows, unions will do all they can to get the compensation they're due." 

Speaking out to help others 

Rumy says she hopes speaking publicly about her experience will encourage other workers not to suffer in silence. 

She said: 

"My message to employers is simple: protect your workers. "We want to do the best for residents and caring is hard, physical work. Don't underestimate what care workers do or what it costs when they are injured. "And to anyone in the same position as me, don't stay quiet because you're frightened of losing your job. If your doctor says you shouldn't be doing something, don't let yourself be pressured into doing it anyway. Speak to your union. Get help. "I don't want anyone else to lose the life they had in the way that I have."Â