Dismissed after 10-month absence: employer's reasonable adjustments were enough
An employment tribunal has upheld the dismissal of an assistant branch manager with 28 years' service who was absent for 10 months with anxiety. The employer had offered multiple adjustments but the claimant insisted on a customer ban.
1 min read · Last updated 19 May 2026
Case details
Key facts
- Mrs Page was employed as Assistant Branch Manager from 23 October 1993 until 27 April 2022.
- On 26 June 2021, she had a verbal altercation with a customer's sister at a pub.
- She was signed off work from 5 July 2021 with anxiety and depression.
- The respondent offered various adjustments including a move to another branch, desk relocation, and a bespoke risk assessment.
- Mrs Page insisted on banning the customer and his family, which the respondent refused.
- She was dismissed on 27 April 2022 on medical capability grounds after a 10-month absence with no return date.
Timeline
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Employment started
Mrs Page began working as Assistant Branch Manager at the Ashton-under-Lyne branch.
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Pub altercation
Mrs Page had a loud argument with MB, sister of a customer, outside a pub. Later that night, MB and her brother DB confronted Mrs Page but no violence occurred.
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GP visit
Mrs Page saw her GP reporting low mood, difficulty sleeping, and stress attributed to work. No mention of the pub incident.
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Signed off work
GP signed Mrs Page off work for two weeks with anxiety and depression. She was repeatedly signed off thereafter.
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First KIT meeting
Keeping in Touch meeting with HR. Mrs Page said she expected to be absent for 4-6 weeks. Offered coffee visit and EAP.
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First OH report
Occupational Health report diagnosed substantial work-place anxiety due to fear of DB and family. Graded return not realistic.
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Meeting with HR
Mrs Page first requested that DB be banned from the branch. She also suggested a swipe card system.
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First capability meeting
Mrs Page told she was at risk of dismissal. She said she felt no closer to returning to work.
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Second OH report
No improvement in Mrs Page's condition. She had no confidence in suggested adjustments.
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Bespoke risk assessment
Respondent produced a detailed risk assessment tailored to Mrs Page's concerns. Second capability meeting held; Mrs Page said she did not feel safe returning.
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Dismissal
Mrs Page was dismissed on medical capability grounds. Her appeal was unsuccessful.
The legal issue
The tribunal had to decide whether the dismissal for long-term sickness absence was unfair and whether it amounted to disability discrimination, including a failure to make reasonable adjustments.
The outcome
The tribunal dismissed all claims: unfair dismissal, discrimination arising from disability, direct discrimination, and failure to make reasonable adjustments.
The key reasons were:
- The employer had a genuine and fair reason for dismissal (capability) and followed a fair procedure.
- The employer offered reasonable adjustments including a transfer to another branch, desk relocation, and a detailed risk assessment.
- The claimant's insistence on banning a customer was not a reasonable adjustment the employer was obliged to make.
- The employer's decision to dismiss fell within the range of reasonable responses.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employers should offer a range of adjustments and consider medical advice before dismissing on capability grounds.
- Insisting on a specific adjustment that the employer considers unreasonable may weaken a claim for failure to make reasonable adjustments.
- Long service does not automatically make a dismissal unfair if the employer has followed a fair process and the employee cannot return to work.
- A refusal to engage with offered adjustments can be a factor in favour of the employer at tribunal.
What this case shows in practice
This case illustrates the limits of an employer's duty to make reasonable adjustments when an employee's absence is linked to a workplace incident. The assistant branch manager had 28 years' service but was signed off after a verbal altercation with a customer's family at a pub. Despite the employer offering a move to another branch, a desk relocation, and a bespoke risk assessment, the employee insisted that the customer be banned from the branch. The employer refused, and after 10 months with no return date, dismissed on capability grounds.
The tribunal accepted that the employee was disabled due to anxiety and depression, but found that the employer had done enough. The offered adjustments were reasonable, and the employer was not obliged to ban a customer. The dismissal was within the range of reasonable responses.
What the losing side could have done differently
The employee could have engaged more constructively with the adjustments offered. By insisting on a customer ban, she limited the employer's options. A more flexible approach might have allowed a return to work. The employer, for its part, could have considered a further occupational health report or a trial period, but the tribunal found the process fair overall.
Why the result matters for similar claims
This case confirms that long service does not protect an employee from dismissal if they are unable to return to work and the employer has offered reasonable adjustments. It also clarifies that an employer is not required to ban a customer as a reasonable adjustment, especially where the incident occurred outside work. Employees should be prepared to engage with the adjustments offered and consider alternatives, or risk their dismissal being upheld.
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