Ms Connolly was employed as a Band 5 Staff Nurse at Altnagelvin Hospital within the Western Health and Social Care Trust, having commenced employment in this position in February 2011. Ms Connolly suffered from ‘suspected asthma’ since 2007.

On 04 October 2012, whilst in work, Ms Connolly had cause to use her inhaler in view of a Ward Sister. On 07 October, Ms Connolly felt the onset of an asthma attack but had left her inhaler in her car. She therefore went to the medicine room in the ward of the hospital, used an inhaler which was the property of her employer, then left the inhaler on the desk in the medicine room. Ms Connolly continued with her work