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.