20-year manager dismissed for capability after employer refused to adjust role for disability
A Global Governance Risk and Compliance Manager with 20 years' service was unfairly dismissed and discriminated against after GlaxoSmithKline failed to make reasonable adjustments for her hand disability. The tribunal awarded £24,785 for injury to feelings.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #disability-discrimination
- #reasonable-adjustments
- #redundancy
- #redeployment
- #accommodation
- #dragon-software
Key facts
- The claimant was dismissed on 4 December 2019 on grounds of capability due to her inability to perform Change Control tasks.
- The claimant had a disability (nerve root impingement in her right hand) that was exacerbated by intensive mouse use.
- The respondent failed to make reasonable adjustments by not offering the claimant alternative roles or opportunities, such as Smart Controls work.
- The claimant would have been at risk of redundancy in 2020 and 2021 if she had remained employed.
- The tribunal found the dismissal was unfair and an act of discrimination arising from disability.
- The claimant was awarded £24,785 for injury to feelings, including interest.
Timeline
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Claimant started employment
Ms Harutunian began working for GlaxoSmithKline as a Business Analyst.
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Transferred to IT Quality Team
The claimant moved to the IT Quality Team as Global Governance Risk and Compliance Manager, with a role that included Change Control tasks.
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Began experiencing hand symptoms
The claimant started to experience numbness and pain in her right hand, later diagnosed as nerve root impingement.
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First sick leave
The claimant went on sick leave due to right wrist pain and nerve root impingement.
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First OH report
Occupational Health recommended avoiding repetitive tasks and finding alternative work.
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LTIH procedure initiated
Mr Ball invited the claimant to a meeting under the Long Term Ill-Health policy, citing her inability to perform Change Control tasks.
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Speak up call
The claimant made a speak up call complaining that the LTIH process was entered at the wrong stage.
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Dismissal
The claimant was dismissed on grounds of capability, with notice expiring on 4 March 2020.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Liability judgment
The tribunal found the claimant was unfairly dismissed, discriminated against, and that reasonable adjustments were not made.
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Remedy judgment
The tribunal awarded £24,785 for injury to feelings and set out findings on redundancy and future loss.
The legal issue
The tribunal had to decide whether the dismissal for capability due to long-term sickness was unfair, whether the employer failed to make reasonable adjustments for the claimant's disability (nerve root impingement), and whether the dismissal amounted to discrimination arising from disability.
The outcome
The tribunal upheld claims of unfair dismissal and discrimination arising from disability, but dismissed the claim for failure to make reasonable adjustments.
- Unfair dismissal: The employer's decision to dismiss was outside the range of reasonable responses, as it did not properly consider redeployment or alternative work.
- Discrimination: The dismissal was because of something arising from her disability (inability to perform Change Control tasks), and the employer failed to justify it.
- Compensation: £24,785 for injury to feelings (including interest). No basic or compensatory award was made due to findings that the claimant would have been fairly dismissed for redundancy in 2020/2021.
Lessons & takeaways
- Employers must actively consider redeployment or alternative roles before dismissing a long-serving employee on capability grounds, especially where disability is involved.
- A failure to explore reasonable adjustments, such as modifying tasks or providing different work, can turn a potentially fair dismissal into an unfair one and lead to discrimination liability.
- Even if an employee would have been fairly dismissed later (e.g., through redundancy), the timing and process of the actual dismissal still matter for compensation purposes.
- Long service (20 years in this case) increases the expectation on employers to take extra steps before dismissing for capability.
What this case shows
This case illustrates how a long-serving employee can be unfairly dismissed when an employer focuses narrowly on a single role's requirements without considering reasonable adjustments or redeployment. The claimant, a Global Governance Risk and Compliance Manager, developed a nerve condition in her right hand that made intensive mouse use painful. Despite occupational health advice to avoid repetitive tasks and find alternative work, GlaxoSmithKline pursued a capability dismissal based on her inability to perform Change Control tasks.
The tribunal found that the employer did not properly consider whether the claimant could be redeployed to other roles, such as Smart Controls work, which she had previously expressed interest in. This failure made the dismissal unfair and discriminatory.
What could have been done differently
GlaxoSmithKline could have avoided liability by engaging more thoroughly with the claimant's disability. This includes exploring reasonable adjustments like providing voice-activated software, reallocating Change Control tasks, or offering alternative roles within the organisation. The tribunal noted that the employer's process was too rigid and did not take into account the claimant's 20 years of service and her willingness to adapt.
Why this matters
For employees, this case reinforces that employers must take disability-related limitations seriously and cannot simply dismiss based on a single role's demands without considering alternatives. The modest injury to feelings award reflects that the claimant would have faced redundancy later anyway, but the principle stands: proper process and reasonable adjustments are non-negotiable. Employers should ensure they have a clear redeployment policy and follow it diligently, especially for long-serving staff with disabilities.
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