Discriminated against, harassed and victimised by the NHS after cancer

by Maria Esposito

Discriminated against, harassed and victimised by the NHS after cancer

by Maria Esposito
Maria Esposito
Case Owner
A dedicated NHS worker now despondent and broken. I never thought the NHS would discriminate, harass and victimise me when I wanted to return to work after breast cancer.
15
days to go
£2,590
pledged of £6,000 stretch target from 69 pledges
Pledge now
Maria Esposito
Case Owner
A dedicated NHS worker now despondent and broken. I never thought the NHS would discriminate, harass and victimise me when I wanted to return to work after breast cancer.
Pledge now

This case is raising funds for its stretch target. Your pledge will be collected within the next 24-48 hours (and it only takes two minutes to pledge!)

Latest: April 26, 2025

Fighting On – Thank You for Your Support

Hello Everyone,

Firstly, thank you so much — reaching the first target was incredible, and I am so grateful for your belief in this case. However, there is still a long way to go.

I have now rece…

Read more


 Hello I'm Maria Esposito. I work for the NHS and last year I was diagnosed with breast cancer. I've been discriminated against, harassed and victimised in my attempt to return to work.  

In 2024 both myself and my wife were diagnosed with breast cancer. We were patients and carers for each other. I was hoping to return to my job with Epsom and St Helier University Hospitals NHS Trust (the Trust) where I have worked for 7 years and thoroughly enjoyed my job.

In November 2024 when I was fit and able to perform 90% of my job, I was met with disability discrimination, harassment, victimisation and ageism. I was asked by employee advisors if my ongoing treatment at The Royal Marsden was ‘clinical.’ I was also asked to provide proof from my surgeon that I was at risk of post breast cancer lymphedema and was told that future medical appointments would have to be taken as annual leave. I was astounded that such demeaning and offensive questions could be posed by an NHS Trust during my recovery from cancer. 

I am pursuing employment tribunal claims against the Trust for disability discrimination, harassment, victimisation and ageism.  These claims arise from failures in enabling me back to work after breast cancer and for failing to deliver agreed grievance outcomes which included the refusal to deliver mediation and resolve my concerns. 

These failings fall foul of the Equality Act 2010 and see me, as a disabled person, treated less favourably because of my disability (cancer). The NHS (like any employer) has a duty not to discriminate against cancer survivors (which is automatically protected under the Equality Act 2010) and is required to make reasonable adjustments to support those returning to work. I was informed that no adjustments would be accommodated.  I consider that the comments made about my treatment and my clinical diagnosis were acts of harassment related to my disability. I found them highly offensive. 

I have continued to be subjected to less favourable treatment and the Trust is making it impossible for me to return to work.  I have suffered a loss of earnings despite being able and willing to return. I have been subjected to detrimental treatment having raised a grievance to address my concerns. My grievance has not been adequately resolved and my confidentiality has been breached.  I have been side-lined, overlooked and ignored since being unwell.  I am struggling to stay positive and my faith in the Trust, to support me and my return to work is fading fast.  I am able to work but being prevented from doing so, through no fault of my own.  I cannot believe that an NHS Trust, whose primary focus is healthcare, can treat an employee with cancer in this way. 

I have recently engaged the legal services of employment law solicitors DidLaw Ltd and I am raising funds to cover the costs of redrafting my ET submission and for further litigation with the Trust.

I am pursuing my claims to bring about change at The Trust.  This is not the first time the Trust has behaved in this way, having  recently lost a case a similar case, notably the failures of delivering agreed grievance outcomes with some of the same members of staff involved.  The Trust is not learning from its mistakes. 

https://assets.publishing.service.gov.uk/media/6617d8a16b4cf65594d1ea13/Mrs_S_Hamilton_v_Epsom_and_St_Helier_University_Hospitals_NHS_Trust_2302014-2022_Judgment_08.03.2024.pdf

I am pursuing this case not only for justice for me but to highlight the willingness of an NHS Trust to waste further public funds on defending the systemic failures of employee advisors and managers who have consistently failed to deliver grievance outcomes, failed to support disabled staff from returning to work and have created a hostile and intimidating working environment. 

I now have to re-draft my claims to ensure they correct particularise my claims.  I now have legal support and have instructed Elizabeth McGlone of didlaw to support me. 

I am aiming to raise £6000 to cover the costs of re-particularising my legal claims and engaging with the tribunal process.  

I am extremely thankful for any contributions made.  Please support me to highlight the failings of the Trust.

Recent contributions

Be a promoter

Your share on Facebook could raise £26 for the case

I'll share on Facebook
Update 6

Maria Esposito

April 26, 2025

Fighting On – Thank You for Your Support

Hello Everyone,

Firstly, thank you so much — reaching the first target was incredible, and I am so grateful for your belief in this case. However, there is still a long way to go.

I have now received the Respondent’s response to my ET1 (my claim submission to the Employment Tribunal). As is often the case when organisations defend themselves, reading it has been a heavy blow — full of distortions, misrepresentations, and excuses. It is particularly painful when these comments come from people who were once trusted colleagues.

Receiving a document that misrepresents my contribution to the department and diminishes the professional expertise I brought to the role has been deeply upsetting. It has impacted my mental health significantly, and there are days when it feels overwhelming. Nevertheless, my wife continues to be my unwavering support, and together — despite the serious financial pressure — we remain determined to fight for justice and to protect my professional reputation.

To give you an idea of the kind of work I created for the department, here are two examples of films I directed, filmed, and edited, both of which are now being used in NHS Trusts across the country:

Despite this clear evidence of the high-level broadcasting skills I brought to the role, the Respondent now claims that my job was primarily made up of 40–50% manual handling of items over 5kg — such as setting out chairs, tables, and equipment. It is deeply unfair and frankly insulting to have my work reduced in this way.

This case is not just about me — it is about standing up against discrimination, particularly against those of us who have fought serious illnesses like breast cancer.

If you can, please continue to share my CrowdJustice page far and wide. Every donation, every share, helps ease the financial burden and brings us closer to holding them accountable.

From the bottom of my heart, thank you all for your incredible support.

 Link to CrowdJustice Page

With gratitude,

Maria




Update 5

Maria Esposito

April 17, 2025

Target has been reached! THANK YOU and next steps

Good morning everyone,

Thanks to your incredible generosity, the first fundraising target has been reached – I truly can't thank you enough. Your support has been a huge help financially, and an even bigger emotional boost during what continues to be a very difficult time.

While your encouragement lifts me, I can’t deny the profound impact this situation has had on me, both mentally and physically. Thankfully, I’m under the care of a wonderful GP and receiving support from local services.

It’s hard to reconcile how one part of the NHS can save your life, and another part can leave you feeling so broken. I still struggle to understand how my NHS employer could treat someone this way—especially when all I wanted was to return to work after surviving breast cancer.

There’s still a long road ahead. The preliminary hearing has been scheduled for 2026, with the final hearing in 2027. It feels very much like the NHS believes in the principle that the process is the punishment.

I’ve written to my MP to raise several questions with the Health Minister, Rt Hon Wes Streeting MP—particularly if he is serious about reducing waste and improving accountability in the NHS. I've attached my letter, which outlines the issues and questions that deserve urgent attention.

If you share my concerns, please consider copying and sending the letter to your own MP. This isn't just about me—this kind of waste and injustice is likely happening in NHS Trusts across the country.

With deepest thanks,

Maria

Core Issue: Misuse of Public Funds on Prolonged Litigation Against NHS Staff

There is growing concern that NHS Trusts are routinely misusing public funds to pursue prolonged and costly litigation against employees—particularly when internal grievance processes and ACAS conciliation have failed. In such situations, staff are left with no alternative but to submit Employment Tribunal claims.

Trusts are well aware that pushing staff into litigation grants them an overwhelming financial advantage. These legal processes are not about justice—they are about attrition. The process itself becomes the punishment. The NHS does not need to win on merit; it only needs to outlast and outspend the individual.

Once litigation begins, there are typically only two outcomes: the claimant gives up, or it proceeds to trial—often at great personal and financial cost to the individual.

Importantly, when staff do persevere and cases go to trial, they overwhelmingly win.

Take, for example, the recent case of diabetes nurse Susan Hamilton, who brought a successful claim against Epsom and St Helier University Hospitals NHS Trust:
Employment Tribunal Decision – Mrs S Hamilton v Epsom and St Helier
She was awarded £41,000. It is highly likely that the Trust spent significantly more than this sum defending the case.

Similarly, the ongoing case of Jennifer Melle is expected to succeed, following in the footsteps of Maya Forstater, Allison Bailey, and Professor Jo Phoenix—all landmark cases where the respondents were found to have acted unlawfully and in breach of their duties.

And now there is my own case for discrimination, harassment and victimisation when I was fit to return to work after breast cancer which has already cost me £10,000.

This raises urgent questions:

Suggested Questions for NHS Leadership and DHSC:

  1. Why are NHS Trusts spending public money on prolonged and costly litigation rather than resolving employment disputes early through internal mechanisms or fair settlement agreements?
  2. What oversight exists to monitor and audit legal expenditure by NHS Trusts in Employment Tribunal cases?
  3. Why is there no cap on legal spending for public institutions in employment litigation, to create a level playing field and encourage timely, reasonable resolutions?
  4. How many active Employment Tribunal claims are currently ongoing against GESH, and what are the projected legal costs of these cases?
  5. What steps is the Department of Health and Social Care taking to ensure Trusts uphold their legal obligations under the Equality Act 2010 and duty of care, particularly for staff returning from serious illness such as cancer?

If the Rt Hon Wes Streeting is serious about reducing waste in the NHS, he must urgently scrutinise the millions spent defending indefensible employment claims, often against long-serving NHS staff with protected characteristics.

This issue is not just about money—it’s about accountability, dignity at work, and the responsible use of public funds.

Update 4

Maria Esposito

April 1, 2025

Tough times, rough days and despair along with a huge THANK YOU

A Heartfelt Thank You

To everyone who has pledged—thank you from the bottom of my heart. Your support means more than I can express. In the midst of such an uphill battle, every donation reminds me that I’m not alone. Honestly, the kindness you’ve shown moves me to tears (which, at this point, feels like my full-time job!).

Fighting for justice against the NHS Trust has been an agonizing rollercoaster. The truth is, public service institutions routinely squander taxpayer money on indefensible litigation, using their vast resources to exhaust claimants—forcing them to give up or go bankrupt. It’s a cold, calculated strategy. And why do they do it? Because they can. After all, it’s not their money at stake.

I’ve already spent nearly £6,000 of my own funds, and now, I have no choice but to rely on the generosity of people like you through CrowdJustice. While my case may not be making headlines in the gender-critical debates currently surrounding the NHS, it exposes a disturbing reality: with 76% of NHS staff being women and 1 in 2 women now facing a breast cancer diagnosis in their lifetime, how many others are suffering the same mistreatment—especially those of us over 60?

This isn’t just my fight. It’s a fight for fairness, dignity, and the right to be treated justly, no matter your age or health condition. Thank you for standing with me. 💜

 

Update 3

Maria Esposito

March 24, 2025

What a weekend! - £795 to go

What a Weekend!

Epsom & St Helier University Hospitals NHS Trust—the very hospital I am taking to an Employment Tribunal—has been in the spotlight for all the wrong reasons.

In case you missed it:
🔗 The shocking story of a nurse who was racially abused after referring to a trans paedophile prisoner as ‘Mr’ while speaking to a doctor.

This case has also brought attention to my own fight for justice, as it involves the same hospital. As I said in an X post: What is going on in this hospital? There is clearly some serious retraining and accountability needed.

I am beyond grateful for everyone who has messaged me, followed my journey, and, most importantly, pledged to support my case. Thanks to you, we are getting closer to our goal—just £795 to go!

Please keep sharing and spreading the word. No woman returning to work after breast cancer should face discrimination, harassment, or victimisation. Together, we can make a difference.

Thank you all—your support means the world.

Update 2

Maria Esposito

March 20, 2025

Over Halfway in Less Than a Week – Thank You!

I can hardly believe that in less than a week, we’ve already passed the halfway mark toward the first target!

Today has been a whirlwind of drafting and redrafting documents—a tough process that can sometimes feel overwhelming. But your messages of support remind me why this fight matters and reassure me that I’m doing the right thing. With one in two women diagnosed with breast cancer and the prevalence of all other cancers, employers—especially the NHS—must recognize their responsibilities in supporting people returning to work.

There may be updates tomorrow, and next week will bring big decisions. Whatever happens, I am incredibly grateful to have you standing with me.

I hope you’ve had a chance to enjoy some of the sunshine, and once again, thank you from the bottom of my heart for your pledges and support.

With gratitude,
Maria

Update 1

Maria Esposito

March 19, 2025

We've gone over £1000!

To all the incredible people who have pledged—THANK YOU!

As George Michael sang, "I think you're amazing." Your support means everything.

But the fight isn’t over yet. There’s still a long way to go, and I need your help. Please keep spreading the word—retweet, share on Instagram and Facebook, and let’s make sure this injustice is heard far and wide.

By the end of the week, I hope to share more updates on my case. But one thing is certain: I will not stop fighting. No woman should face discrimination, harassment, or victimisation for simply wanting to return to work after breast cancer.

This is not just my battle—it’s a fight for fairness, for accountability, and against the reckless waste of NHS public funds on aggressive litigation instead of patient care.

If you believe in justice, please stand with me. Share, support, and help spread the word. Together, we can make a difference.

    There are no public comments on this case page.