Represented by Thompsons Solicitors through UNISON Legal Services, Rumyanka Spasova, from Taverham, Norfolk, brought a claim against her former employer after it ignored medical advice and withdrew the workplace adjustments that had supported her return to work.

An Employment Tribunal ruled in her favour, finding the employer had breached its duty to make reasonable adjustments under the Equality Act. She was awarded a six-figure compensation package at a remedy hearing which took place this summer.  

Rumy had worked at Oak Farm Clinic Care Home for almost 10 years when her life was turned upside down in January 2022. She slipped on a puddle of urine that had not been marked with a warning sign while lighting in the room had been dimmed for residents watching television.

She fell heavily onto her back and left side, but despite her injuries, she was determined to return to the job she loved. After two weeks off work, her GP said she could return on light duties while she continued to recover.

But the adjustments were soon withdrawn. She says she was told by her manager that if she wanted to keep her job, she would have to resume all of her normal duties, including lifting residents, despite her doctor's advice that she should only undertake light work.

The consequences were devastating. Within days, she suffered a further injury to her back that caused permanent damage. Now aged 62, she lives with pain every hour of every day and she depends on her husband for much of her day-to-day life.

"The injuries I sustained really have impacted every aspect of my life,” she said. “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 for even 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."

Before her injury, Rumy had spent years caring for others.

A qualified nurse in her home country, Bulgaria, she brought years of clinical experience to the care sector and worked throughout the Covid pandemic caring for vulnerable residents.

The tribunal heard that after initially putting reasonable adjustments in place following her injury, her employer later withdrew them and she was instructed to carry out heavy duties.

When she explained she should only be doing light work in line with medical advice, her concerns were dismissed, and shortly after beginning her shift, she suffered the further injury that has left her unable to work ever again.

Rumy added: "I gave a lot of myself to my work. I cared hugely about my residents. I loved my job. There is always something to do in a care home, even on light duties. Making drinks, spending time with residents, helping in other ways.

“I could only do so much because of my injury, but I was never idle. I still wanted to work.

"Instead, I was made to feel like I had no choice. I was stripped of my senior role and told that if I wanted to keep my job, I had to do everything.

"I had many years of work ahead of me. That has been taken away. I've always been bubbly and had a good sense of humour. This has changed who I am."

Bernie Wentworth, Partner and Head of Employment 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."

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

"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."