An ambulance worker dismissed by the NHS after her wife attempted to murder their boss with a hammer has won an unfair dismissal claim and is in line for a compensation payout of at least £14,000.
The Attack and Immediate Aftermath
Paula Smith, a 56-year-old Ambulance Care Assistant with 26 years of service, was employed by the North West Ambulance Service NHS Trust at Oldham Ambulance Station. The employment tribunal in Manchester heard that Paula and her wife, Stacey Smith—a co-worker—had become convinced their supervisor, Michala Morton, was obstructing their attempts to align their rotas for shared time off.
This dispute escalated dramatically on the morning of 11 November 2023, when Stacey Smith attacked Michala Morton with a hammer outside her home. The tribunal was clear that Paula played no part in the assault, waking to find her wife gone and only learning of the incident after Stacey's arrest.
A Flawed Dismissal Process
Paula was herself arrested on suspicion of harassment and threats to kill, leading to her suspension on full pay. Her bail conditions prevented her from working. However, in March 2024, Greater Manchester Police decided to take no further action against her, lifting all bail conditions.
Despite this, the Trust proceeded with a dismissal process. Ian Stringer, the Assistant Director of Compliance, wrote in an unsent letter that it was "difficult to assure ourselves that you had no notion of your wife’s intentions." Paula was later formally dismissed in a letter dated 25 April 2024, which argued her association with the incident undermined trust among patients and staff.
Employment Judge Paul Holmes found the Trust had effectively decided her fate based on her arrest and marriage to the perpetrator. The judge stated the Trust "lost the potentially safe ground for dismissal once she was released from her bail" and that the process seemed intended to ensure her dismissal before she could testify at her wife's trial.
Tribunal Ruling and Compensation
The tribunal ruled unequivocally that Paula Smith was unfairly dismissed. Judge Holmes noted her only involvement was being married to Stacey Smith, asking pointedly, "So what?" in response to the Trust's concerns about public perception.
The tribunal found the breakdown in Paula's relationship with Ms. Morton was insufficient grounds for dismissal without exploring alternatives like redeployment, which Paula had indicated she would accept.
Stacey Smith was subsequently convicted of attempted murder in September 2024 and sentenced to 20 years in prison, with an extended licence period of five years. The couple's relationship has since ended.
The exact compensation figure, expected to exceed £14,000, will be determined at a later hearing, marking a significant legal victory for Paula Smith against her former NHS employer.
