Dismissed for failing to engage during sickness absence: a case of non-cooperation
A Business Support Coordinator with two years' service was fairly dismissed after failing to engage with his employer's sickness absence process. The tribunal also awarded £1,771 for unauthorised wage deductions.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #failure-to-engage
- #occupational-health
- #racist-comment-allegation-fabricated
- #unauthorised-deductions
- #performance-related-pay
Key facts
- The claimant was employed as a Business Support Coordinator from 13 January 2020 until dismissal on 30 June 2022.
- The claimant was absent from work due to stress from 29 December 2021 and failed to engage with management to identify barriers to return.
- The respondent dismissed the claimant for some other substantial reason due to stalled sickness absence process and lack of engagement.
- The tribunal found that the claimant fabricated an allegation that a manager used a racist comment.
- The respondent admitted making unauthorised deductions from wages and was ordered to pay £1,771.
- The claimant's complaints of unfair dismissal, race discrimination, harassment, and victimisation were dismissed.
Timeline
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Employment started
Claimant became a permanent employee as Business Support Coordinator.
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Restructure
Claimant's role renamed to Works Support Administrator; new line manager Ms Milbourne.
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Warning for lateness
Claimant issued a two-year serious warning for over 200 instances of late attendance.
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Sickness absence started
Claimant went off sick citing workplace stress after being asked to return to office five days a week.
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Occupational health report
OH report stated issues were not primarily medical and required management intervention.
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Dismissal meeting
Claimant attended meeting with Mr Eadie but failed to explain barriers to return to work.
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Dismissal
Claimant dismissed for non-cooperation with sickness absence procedures.
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Appeal hearing
Appeal heard by Ms Thomas; claimant could not give return date.
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Appeal dismissed
Ms Thomas upheld dismissal decision.
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Final hearing started
Substantive hearing over four days plus chambers day.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing an employee who was on long-term sick leave but refused to engage in the process to identify barriers to return to work. It also considered claims of race discrimination, harassment, and victimisation, which were dismissed.
The outcome
The tribunal upheld the dismissal as fair. The key reason was that the claimant, absent since December 2021, repeatedly failed to explain why he could not return to work or engage with management's attempts to resolve the situation. The employer's occupational health report indicated the issues were not primarily medical, and the claimant's refusal to cooperate left the employer with no alternative.
Compensation breakdown:
- Unauthorised deductions from wages: £1,771 (no further breakdown provided)
All other claims, including unfair dismissal, race discrimination, harassment, and victimisation, were dismissed.
Lessons & takeaways
- Employees on sick leave should engage with their employer's return-to-work process; failing to do so can justify dismissal for non-cooperation.
- A short length of service (here, 2 years) means the employer's duty to explore alternatives is less extensive than for long-serving staff.
- Fabricating allegations of discrimination can seriously undermine the credibility of a claimant's entire case.
- Employers must still ensure they follow a fair procedure, including offering meetings and considering occupational health advice, even when the employee is uncooperative.
When non-cooperation leads to dismissal
This case shows that an employer can fairly dismiss an employee who is absent from work due to stress if the employee refuses to engage with the process designed to help them return. The claimant, a Business Support Coordinator, went off sick in December 2021 after being asked to return to the office five days a week. Despite multiple attempts by Royal Mail Property and Facilities Solutions Limited to discuss his return, the claimant failed to explain what barriers he faced or suggest a way forward.
What the employer did right
The employer obtained an occupational health report, held a dismissal meeting, and allowed an appeal. The tribunal noted that the claimant's lack of cooperation left the employer with no reasonable alternative but to dismiss. The claimant also made an unfounded allegation that a manager used a racist comment, which the tribunal found to be fabricated. This damaged his credibility and undermined his discrimination claims.
What this means for similar cases
For employees, this case is a reminder that simply being signed off sick does not protect you from dismissal if you refuse to work with your employer to resolve the situation. For employers, it confirms that a fair process—including seeking medical advice and holding meetings—can justify dismissal for 'some other substantial reason' when an employee will not cooperate. The award of £1,771 for unauthorised deductions (likely related to pay or holiday pay) shows that even where the main claim fails, employers must still comply with wage laws.
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