Dismissed while on sick leave: employer ignored offer of imminent return
A tribunal found that EE Limited unfairly dismissed a broadband technical support worker with panic disorder after it refused to wait a week for her to return to work, and also discriminated against her because of her disability.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #disability-discrimination
- #panic-disorder
- #occupational-health
- #acas-code-uplift
- #failure-to-make-adjustments
- #discrimination-arising-from-disability
Key facts
- The claimant had panic disorder and anxiety, which the respondent knew about.
- The claimant had multiple sickness absences related to her disability, triggering the respondent's sickness policy stages.
- The respondent made several adjustments, including a bespoke shift and extra breaks, but did not delay the dismissal to assess the claimant's new treatment.
- At the dismissal meeting, the claimant said she was feeling better and could return to work within a week.
- The tribunal found the dismissal was not proportionate and fell outside the band of reasonable responses.
Timeline
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Employment started
Claimant commenced employment with EE Limited as a part-time broadband technical support worker.
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Stage One meeting
First formal meeting under sickness policy; no sanction applied after disregarding some absences.
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Stage One meeting (second)
Stage One sanction given for 12 months due to stress and anxiety absence.
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Absence for panic attack
Claimant absent for 31 days due to panic attack and anxiety.
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Return from panic attack absence
Claimant returned to work after 31-day absence.
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Further absence for anxiety
Claimant absent for 67 days due to anxiety.
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Return from 67-day absence
Claimant returned to work; Stage Two sanction imposed but triggers adjusted to be less onerous.
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Final absence began
Claimant signed off with anxiety until 12 July 2022, triggering Stage Three.
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Stage Three meeting and dismissal
Mrs Turner dismissed the claimant despite her stating she could return within a week.
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Appeal hearing
Mr Harrison upheld the dismissal after a rehearing.
The legal issue
The tribunal had to decide whether the claimant's dismissal for capability (long-term sickness) was fair, and whether the employer discriminated by dismissing her for something arising from her disability and by failing to make reasonable adjustments.
The outcome
The tribunal upheld the claimant's claims for unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments.
Key reasons:
- The employer knew the claimant had panic disorder and anxiety, and had made some adjustments (bespoke shift, extra breaks).
- At the dismissal meeting, the claimant said she was feeling better and could return within a week.
- The employer did not delay the decision to obtain updated medical evidence or assess her new treatment, making the dismissal disproportionate.
- The employer failed to consider a temporary reduction in hours or other adjustments before dismissing.
Compensation will be determined at a later remedies hearing.
Lessons & takeaways
- If an employee says they can return to work soon, consider delaying a dismissal decision to allow them to demonstrate that.
- Always obtain up-to-date medical evidence before dismissing on capability grounds, especially if the employee is undergoing new treatment.
- Failing to consider reasonable adjustments before dismissing a disabled employee can lead to a discrimination claim.
- Even if you have followed a sickness policy, a dismissal can still be unfair if it is not proportionate in the circumstances.
This case shows how a large employer can fall foul of the duty to make reasonable adjustments and fair dismissal procedures when dealing with a disabled employee's long-term sickness.
The claimant, a part-time broadband technical support worker with panic disorder, had several absences related to her disability. EE Limited had made some adjustments, such as a bespoke shift and extra breaks, but when she reached Stage Three of the sickness policy, the company dismissed her without waiting to see if her new treatment would allow her to return to work.
At the dismissal meeting, the claimant said she was feeling better and could return within a week. Despite this, the employer went ahead with the dismissal. The tribunal found that no reasonable employer would have dismissed an employee in those circumstances without first obtaining updated medical evidence or giving her a chance to return.
What could have been done differently
EE Limited could have paused the process to obtain an updated occupational health report, especially since the claimant had recently started new medication. They could also have considered a temporary reduction in hours as a reasonable adjustment, rather than moving straight to dismissal.
Why this matters
The case reinforces that employers must not rigidly follow sickness policies without considering the individual circumstances, particularly where disability is involved. A dismissal that is disproportionate to the situation will be unfair, and failing to consider adjustments can lead to discrimination claims.
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