Paramedic dismissed after 22 years: ill-health dismissal was fair despite disability
A paramedic with 22 years' service lost his unfair dismissal and disability discrimination claims after the tribunal found his employer acted reasonably in dismissing him for ill-health when his own psychiatrist said he was permanently incapable of working.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #ptsd
- #chronic-dysthymia
- #night-shifts
- #reasonable-adjustments
- #acas-code-uplift
Key facts
- The claimant was employed as a paramedic from June 2000 until 27 July 2022.
- He suffered from chronic dysthymia for 27 years and developed PTSD after a Crown Court case in 2016.
- The respondent conceded the claimant was disabled by chronic dysthymia and PTSD.
- The claimant was dismissed on grounds of ill-health after being absent from work since 23 August 2021.
- The claimant's own psychiatrist stated he was permanently incapable of performing his role as a paramedic.
- The claimant wanted ill-health retirement and dismissal allowed him to access that pension.
Timeline
-
Employment commenced
Claimant started working for the respondent as a paramedic.
-
Traumatic incident
Claimant attended a call where a three-month-old patient suffered respiratory arrest, leading to PTSD from subsequent court proceedings.
-
Reorganisation assessment
Claimant required to reapply for his Operations Officer role; he was unsuccessful and offered a six-month development opportunity.
-
Occupational health report
OH report recommended excluding claimant from night shifts on relief weeks due to his medical regime.
-
Return to work interview
Claimant raised need for adjustment to night shifts; respondent did not implement the recommendation.
-
Final sickness absence began
Claimant went off work due to sickness and never returned.
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Stage 2 attendance meeting
Meeting held; claimant raised lack of one-to-one meetings and failure to remove night shifts.
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Stage 3 dismissal meeting
Claimant stated he could not return to work and wanted ill-health retirement.
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Dismissal effective
Claimant's employment terminated after ill-health retirement was agreed.
The legal issue
The tribunal had to decide whether the paramedic's dismissal for ill-health was unfair, whether the trust discriminated against him because of something arising from his disability, and whether it failed to make reasonable adjustments.
The outcome
The tribunal dismissed all claims brought by the paramedic.
- The dismissal was fair: the trust had a genuine reason (ill-health) and acted reasonably by relying on the paramedic's own psychiatrist's report that he was permanently incapable of working as a paramedic.
- The discrimination claim failed because the trust did not know, and could not reasonably have known, that the paramedic was at a substantial disadvantage due to his disability until late in the process.
- The reasonable adjustments claim failed because the paramedic did not identify any specific adjustment that would have enabled him to return to work, and the trust had already offered alternative roles.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If your own medical evidence confirms you cannot do your job, a dismissal for ill-health is likely to be fair, even if you are disabled.
- Employers are not expected to make reasonable adjustments if they do not know, and could not reasonably know, that you are at a substantial disadvantage.
- Length of service does not automatically make a dismissal unfair if the employee is permanently incapable of performing their role.
A long-serving paramedic's case
This case shows that even after 22 years of service, an employer can fairly dismiss an employee for ill-health when the employee's own doctor says they are permanently unable to do the job. The paramedic had developed PTSD after a traumatic incident and suffered from chronic dysthymia. He had been absent from work for nearly a year before his dismissal.
The tribunal heard that the paramedic wanted ill-health retirement, and his dismissal actually allowed him to access that pension. The trust had considered alternative roles but the paramedic's psychiatrist stated he was permanently incapable of working as a paramedic.
What the trust did right
The trust followed its absence management procedure, held meetings, and obtained occupational health advice. Crucially, it relied on the paramedic's own medical evidence. The tribunal found that the trust did not know about the full extent of his disabilities until late in the process, and the paramedic had not asked for specific adjustments that would have enabled him to return.
Why the result matters
This case is a reminder that ill-health dismissals can be fair when the employee is genuinely unable to work and the employer follows a proper process. It also highlights that employees who want to challenge a dismissal need to show that they could have returned to work with adjustments, and that the employer knew about their disability-related needs.
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