Meter reader with 16 years' service unfairly dismissed for ill health capability
A meter reader who was dismissed while on long-term sick leave after a motorbike accident has won his unfair dismissal and disability discrimination claim. The tribunal found that Morrison Data Services Ltd failed to obtain an up-to-date occupational health report before deciding to dismiss.
2 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a meter reader from 4 April 2006 until dismissal on 29 June 2022.
- He suffered a serious motorbike accident on 23 October 2021 and was absent from work thereafter.
- The respondent dismissed him for ill health capability without obtaining an up-to-date occupational health report.
- The decision to dismiss was taken by the line manager, who lacked authority under the respondent's procedures.
- The dismissal was found to be both unfair and an act of discrimination arising from disability.
- The tribunal found a 100% chance that the claimant would have been dismissed fairly by 23 August 2022 if proper procedures had been followed.
Timeline
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Motorbike accident
Claimant suffered serious injuries including broken leg, ribs, and scapula.
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Absence from work began
Claimant started sickness absence and never returned to work.
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First occupational health report
Occupational physiotherapist predicted possible return to work by 28 March 2022.
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Second occupational health report
Predicted return to work in 6-12 weeks with intensive rehabilitation.
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Welfare meeting
Line manager Adam Morgan discussed return to work; claimant hoped to return eventually.
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Capability meeting
Claimant stated he hoped to return by September 2022; line manager decided to dismiss.
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Dismissal
Claimant dismissed on grounds of ill health capability with 12 weeks' notice.
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Appeal hearing
Appeal upheld dismissal; appeal manager refused to obtain further occupational health report.
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Liability hearing
Tribunal found dismissal unfair and discriminatory.
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Remedy hearing
Tribunal awarded compensation including basic award, loss of earnings, and injury to feelings.
The legal issue
The tribunal had to decide whether the dismissal for ill health capability was fair and whether it amounted to discrimination arising from disability, specifically whether the employer acted reasonably in dismissing without an up-to-date medical report.
The outcome
The tribunal found that the dismissal was unfair and discriminatory. The key reasons were:
- The respondent rejected the claimant's contention that he would recover sufficiently without seeking up-to-date medical advice.
- The decision to dismiss was taken by the line manager, not a senior manager as required by the respondent's own procedures.
- All dealings with the claimant had been by telephone; he was never seen in person or on video.
Compensation awarded:
- Basic award: £8,736.96
- Compensatory award: £901.68 (after a 100% Polkey reduction for the chance that the claimant would have been fairly dismissed by 23 August 2022)
- Total: £16,504.55 (including injury to feelings and other losses)
Lessons & takeaways
- Always obtain an up-to-date occupational health report before dismissing an employee on long-term sick leave for capability reasons.
- Ensure that the decision to dismiss is taken by a manager with the appropriate authority under the company's own procedures.
- Consider whether the employee could perform alternative duties, such as sedentary work, as a reasonable adjustment before deciding to dismiss.
- Engage with the employee in person or via video call, not just by telephone, to properly assess their condition and prognosis.
A dismissal that jumped the gun
This case shows the risks employers run when they dismiss a long-serving employee for ill health capability without the most up-to-date medical evidence. The claimant, a meter reader with 16 years' service, was seriously injured in a motorbike accident in October 2021. He remained off work, but occupational health reports in January and March 2022 suggested he could return within weeks with rehabilitation. Despite this, his line manager decided to dismiss him at a capability meeting in June 2022, without obtaining a further report or even seeing the claimant in person.
The tribunal found that the employer, Morrison Data Services Ltd, had not acted reasonably. The line manager who made the decision lacked the authority to do so under the company's own procedures. More importantly, the employer rejected the claimant's hope of returning to work by September 2022 without seeking updated medical advice, even though an earlier report had predicted a recovery. The dismissal was therefore unfair and amounted to discrimination arising from disability.
What could have been done differently
The employer could have avoided liability by following a fair process. It should have commissioned a fresh occupational health report to assess the claimant's current condition and prognosis. It should also have ensured that a senior manager or HR representative made the dismissal decision, as its own policy required. Finally, it should have considered whether the claimant could perform sedentary duties as a reasonable adjustment while he recovered — the claimant had indicated he could do such work from July 2022.
Why this matters
The case is a reminder that even when an employee has been absent for many months, employers must not rush to dismiss without proper evidence. The tribunal applied a 100% Polkey reduction, meaning it found that the claimant would have been fairly dismissed by 23 August 2022 if proper procedures had been followed. This limited the compensatory award to just over £900, but the basic award of over £8,700 reflected his long service. For employees in similar situations, the key takeaway is that a fair process — including up-to-date medical advice and proper decision-making — is essential, and tribunals will scrutinise employers who cut corners.
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