Dismissed during long-term sickness: disability discrimination and unfair dismissal at Jaguar Land Rover
A production operative with six years' service was unfairly dismissed and discriminated against due to disability-related sickness absence. The tribunal awarded £147,572.75 in compensation.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #unfair-dismissal
- #production-operative
- #long-term-sickness
- #acas-code-not-applicable
- #mitigation-of-loss
- #retraining
Key facts
- The claimant was employed as a production operative from 12 April 2014 to 19 March 2020.
- The claimant was dismissed due to capability (sickness absence) which was found to be unfavourable treatment under section 15 Equality Act 2010 and unfair dismissal.
- The claimant suffered injury to feelings including becoming a recluse, feeling worthless, sad, and angry.
- The claimant retrained as a plumber from September 2020 to September 2021 and later secured a full-time role as a heating and ventilation engineer by March 2023.
- The tribunal found the claimant had taken reasonable steps to mitigate his loss.
- A 10% reduction was applied to the basic and compensatory award for unfair dismissal due to contributory conduct.
Timeline
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Employment started
Claimant began employment as a production operative at Jaguar Land Rover.
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Non-disability absence
Claimant was absent from work due to childcare issues, which was later considered blameworthy conduct.
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Fit to return to work
Occupational health found claimant fit to return to work with a graduated return.
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Dismissal
Claimant was dismissed, which was later found to be discriminatory and unfair.
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National lockdown
UK lockdown due to COVID-19 began.
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PILON exhausted
Pay in lieu of notice ran out; claimant began looking for work.
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Started plumbing course
Claimant began a free 1-year level 2 diploma in plumbing.
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Agency work
Claimant secured one day's work at BMW Hams Hall through an agency.
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Completed plumbing course
Claimant successfully completed the plumbing course and began self-employed work.
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Passed driving test
Claimant passed his driving test first time.
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Secured full-time role
Claimant started full-time employment as a heating and ventilation engineer.
The legal issue
The tribunal had to decide the appropriate remedy for unfair dismissal and disability discrimination, including compensation for loss of earnings, injury to feelings, and whether any reductions should apply for contributory conduct or failure to mitigate loss.
The outcome
The tribunal awarded the claimant £147,572.75 in total compensation for unfair dismissal and disability discrimination.
Key reasons:
- The dismissal was both unfair and discriminatory under section 15 of the Equality Act 2010.
- The claimant had taken reasonable steps to mitigate his loss by retraining as a plumber and securing a full-time role.
- A 10% reduction was applied for contributory conduct (a non-disability absence due to childcare issues).
Compensation breakdown:
- Basic award: £3,150.00
- Compensatory award: £144,422.75 (including loss of earnings, injury to feelings, and other losses)
- Total after 10% reduction: £147,572.75
Lessons & takeaways
- Employers must consider making reasonable adjustments for disabled employees before dismissing on capability grounds.
- A 10% reduction for contributory conduct can apply even if the conduct is unrelated to the disability, but tribunals will scrutinise whether it was blameworthy.
- Claimants who retrain and actively seek work are likely to be seen as mitigating their loss, which can increase compensation.
- Injury to feelings awards can be substantial if the discrimination causes significant distress, such as becoming a recluse or feeling worthless.
A dismissal that went too far
This case shows how a capability dismissal can go wrong when an employer fails to properly consider an employee's disability. The claimant, a production operative with six years' service at Jaguar Land Rover, was dismissed in March 2020 due to sickness absence. The tribunal found that the dismissal was both unfair and discriminatory under section 15 of the Equality Act 2010, as the employer did not make reasonable adjustments or properly assess whether the absence was disability-related.
What the employer could have done differently
Jaguar Land Rover could have avoided this outcome by engaging with the claimant's health condition, considering a phased return or other adjustments, and not treating the disability-related absence as a straightforward capability issue. The tribunal noted that the claimant had been found fit to return to work with a graduated return shortly before dismissal, but the employer pressed ahead regardless.
Why this matters for similar claims
This case is a reminder that employers must tread carefully when dismissing employees with long-term health conditions. The substantial award of £147,572.75 reflects not only lost earnings but also injury to feelings — the claimant became a recluse and felt worthless after losing his job. The tribunal also accepted that the claimant had taken reasonable steps to mitigate his loss by retraining as a plumber and securing a full-time role, which meant he was compensated for the full period of unemployment. A 10% reduction was applied for a non-disability absence due to childcare issues, but this did not significantly reduce the overall award. For employees in similar situations, this case highlights the importance of documenting efforts to find work and retrain, as well as the potential for significant compensation when discrimination is proven.
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