Healthcare assistant with 6 years' service dismissed for persistent short-term absences: dismissal upheld

What this case shows in practice

This case demonstrates that an employer can fairly dismiss a long-serving employee for persistent short-term absences, even when the employee has a disability, provided the employer follows a proper process and makes reasonable adjustments. The healthcare assistant had six years' service and a herniated disc, which the Trust accepted as a disability. Despite adjustments such as a modified chair, reduced hours, and amended duties, her absences continued. The Trust dismissed her for capability after a series of warnings and a final hearing.

What the losing side could have done differently

The claimant argued that the Trust should have given her more time and that she had insufficient time to prepare for the final hearing. However, the tribunal found that the Trust had consulted her adequately, investigated her medical position, and offered redeployment—which she declined. The key lesson for employees is that engaging with the process and considering alternative roles can be crucial. For employers, the case reinforces the importance of documenting a clear absence management procedure and making reasonable adjustments, as the Trust did here.

Why the result matters for similar claims

This outcome shows that tribunals will uphold capability dismissals where the employer has a genuine belief in incapability, based on a fair investigation and procedure. The fact that the claimant was disabled did not automatically make the dismissal discriminatory, because the reason for dismissal was the level of absence, not the disability itself. The Trust's reasonable adjustments and offer of redeployment were key factors in defeating the discrimination claims. Employees in similar situations should be aware that persistent absence, even if linked to a disability, can lead to a fair dismissal if the employer has acted reasonably.