Phased return not implemented: employer's failure to follow occupational health advice was disability discrimination
A former employee with a disability succeeded in a reasonable adjustments claim after Ocado failed to implement a phased return to work recommended by occupational health. The tribunal awarded £8,271.35, including £5,000 for injury to feelings.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant had a disability.
- Occupational Health recommended a phased return to work on 29 November 2018.
- The respondent failed to implement the recommended phased return.
- The claimant succeeded only on the failure to implement the phased return.
- The tribunal awarded £8,271.35 including injury to feelings.
Timeline
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Occupational Health recommendation
Occupational Health recommended a phased return to work for the claimant.
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Failure to implement
The respondent failed to implement the recommended phased return.
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End of loss of earnings period
The period of loss of earnings ended on 10 January 2019.
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Preliminary hearing
A preliminary hearing was held at London South before Employment Judge Tsamados.
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Preliminary judgment
Employment Judge Tsamados dismissed the pregnancy/maternity discrimination complaint on withdrawal.
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Substantive hearing begins
The main hearing commenced at Croydon via CVP before Employment Judge Leith and members.
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Judgment given
The tribunal issued its judgment, awarding £8,271.35 for the successful reasonable adjustments claim.
The legal issue
The tribunal had to decide whether Ocado failed to make reasonable adjustments for the employee's disability by not implementing the phased return to work recommended by occupational health.
The outcome
The tribunal partially upheld the claim of failure to make reasonable adjustments, specifically regarding the phased return. All other claims, including unfair dismissal, discrimination arising from disability, and direct sex discrimination, were dismissed.
Compensation:
- Loss of earnings: £1,494.17 (for the period 29 November 2018 to 10 January 2019)
- Interest on loss of earnings: £230.88
- Injury to feelings: £5,000
- Interest on injury to feelings: £1,546.30
- Total: £8,271.35
Lessons & takeaways
- Employers should implement occupational health recommendations promptly, especially those supporting a phased return to work for disabled employees.
- A failure to follow occupational health advice on reasonable adjustments can lead to a successful discrimination claim, even if other claims fail.
- Injury to feelings awards can be significant even for a relatively short period of discrimination, reflecting the impact on the employee.
- Representing yourself at tribunal is possible but challenging; the employee here succeeded on one of several claims.
This case highlights the importance of employers taking occupational health advice seriously. The former employee, who had a disability, was recommended a phased return to work by occupational health on 29 November 2018. Ocado did not implement this recommendation, leading to a successful claim for failure to make reasonable adjustments.
What Ocado could have done differently
Ocado could have avoided liability by following the occupational health advice and implementing the phased return. Even if there were operational concerns, the employer should have engaged with the employee to find a practical solution. The tribunal found that the failure to implement was not justified, and the employee suffered injury to feelings as a result.
Why this matters
This case serves as a reminder that reasonable adjustments are not optional. When occupational health makes a clear recommendation, employers must take it seriously and act on it, or risk a discrimination claim. The award of £5,000 for injury to feelings reflects the distress caused by the employer's inaction, even though the period of lost earnings was relatively short.
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