Sales assistant with 7 months' service wins disability harassment claim after fit note ignored
A sales assistant who was dismissed for unauthorised absence the day after submitting a fit note for mixed anxiety and depressive disorder has won a disability harassment claim. The tribunal awarded £22,178.95.
1 min read · Last updated 19 May 2026
Case details
- #disability-discrimination
- #mixed-anxiety-depressive-disorder
- #fit-note-dispute
- #constructive-dismissal
- #health-and-safety
- #short-service
Key facts
- The claimant was employed as a sales assistant from 24 February 2020 to 14 September 2020.
- The claimant had a disability of mixed anxiety and depressive disorder, known to the respondents from 16 August 2020.
- The claimant raised health and safety concerns about COVID-19 on 7 July 2020 by leaving a letter from the AT Society on his manager's desk.
- The respondents terminated the claimant's contract on 17 August 2020 for unauthorised absence, but later rescinded the dismissal.
- The claimant resigned on 7 September 2020, citing harassment and a hostile environment.
- The tribunal upheld the claim of harassment related to disability but dismissed claims for failure to make reasonable adjustments, constructive unfair dismissal, and health and safety detriment.
Timeline
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Employment commenced
Claimant started work as a sales assistant for the first respondent.
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Return to work after furlough
Claimant returned to work after being furloughed due to the pandemic.
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Left AT Society letter on desk
Claimant left a letter from the AT Society on John Noon's desk, explaining his son's vulnerability to COVID-19.
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First notification of disability
Claimant emailed a fit note stating 'mixed anxiety and depressive disorder', the first time the respondents learned of his disability.
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Dismissal for unauthorised absence
Second respondent terminated claimant's contract with immediate effect, citing unauthorised absence and gross misconduct.
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Dismissal rescinded
Second respondent rescinded the dismissal, extended probation, and scheduled a meeting to discuss future employment.
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Resignation and grievance
Claimant submitted a formal grievance and resigned, citing harassment and a hostile environment.
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Employment ended
Claimant's resignation took effect after one week's contractual notice.
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New employment started
Claimant commenced employment with Impulse as a Stores Person, initially two days per week.
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Liability judgment
Tribunal upheld harassment claim, dismissed other claims, and listed remedy hearing.
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Remedy hearing
Tribunal awarded £22,178.95 in compensation for harassment.
The legal issue
The tribunal had to decide whether the respondents harassed the claimant by treating him unfavourably because of his disability, and whether they failed to make reasonable adjustments or subjected him to a detriment for raising health and safety concerns.
The outcome
The tribunal upheld the claim of harassment related to disability but dismissed claims for failure to make reasonable adjustments, constructive unfair dismissal, and health and safety detriment.
The key reason was that the respondents knew of the claimant's disability from 16 August 2020 but still dismissed him the next day for unauthorised absence, without considering his condition. The dismissal was later rescinded, but the harassment continued.
Compensation:
- Total: £22,178.95
Lessons & takeaways
- Employers must take a fit note seriously and consider whether an employee's absence is linked to a disability before taking disciplinary action.
- Even short-service employees can bring disability discrimination claims if the employer knows or ought to know of the disability.
- A hasty dismissal that is later rescinded does not undo the harassment caused by the initial act.
- Raising health and safety concerns does not automatically protect an employee from dismissal if the employer's actions are not directly related to those concerns.
A short service, a fit note, and a hasty dismissal
This case shows how quickly things can go wrong when an employer fails to engage with an employee's disability. The sales assistant had only been working for Electronic Wholesale Suppliers (Guildford) Limited for about seven months when he emailed a fit note on 16 August 2020, disclosing mixed anxiety and depressive disorder. The very next day, the company dismissed him for unauthorised absence and gross misconduct.
Although the dismissal was later rescinded, the damage was done. The tribunal found that the respondents' conduct — including the dismissal and the way they handled the situation afterwards — amounted to harassment related to disability. The claimant resigned shortly after, citing a hostile environment.
What the employer could have done differently
The employer's key mistake was acting too quickly. Instead of dismissing the claimant the day after receiving the fit note, they should have paused, considered whether his absence was linked to his disability, and sought medical advice. The tribunal noted that the respondents had no proper process in place for dealing with disability-related absence, and their director gave evidence that was 'not credible' in parts.
Even if the employer believed the absence was unauthorised, the timing — immediately after learning of the disability — made the dismissal an act of harassment. The fact that the dismissal was later rescinded did not undo the harassment caused by the initial decision.
Why this matters for similar claims
This case is a reminder that disability discrimination claims do not require long service. The Equality Act 2010 protects employees from the start of their employment. Employers must be careful not to jump to conclusions when an employee discloses a disability, especially if the disclosure is accompanied by a fit note. A quick dismissal can be costly: the tribunal awarded £22,178.95 in compensation for the harassment, a significant sum for a short-service employee.
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