Teacher with dyslexia and hearing impairment dismissed after capability process: dismissal upheld
A tribunal has upheld the dismissal of a Welsh teacher with 17 years' service after a lengthy capability procedure, finding that the employer made reasonable adjustments and acted fairly.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #dyslexia
- #hearing-impairment
- #capability-procedure
- #reasonable-adjustments
- #occupational-health
- #estyn-inspection
Key facts
- The claimant was a teacher of Welsh as a second language at Barry Comprehensive School from 1999 until her dismissal on 31 August 2016.
- The claimant has lifelong disabilities of dyslexia and hearing impairment.
- The claimant's teaching was consistently assessed as unsatisfactory during observations from 2013 to 2015.
- The respondent followed a formal capability procedure with informal and three formal stages, including an extension.
- The claimant did not request any adjustments for her disabilities until September 2015.
- The Employment Appeal Tribunal remitted the reasonable adjustments and unfair dismissal claims for reconsideration, but the remitted tribunal dismissed them.
Timeline
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Claimant started teaching at Barry Comprehensive School
Claimant employed as a teacher of Welsh as a second language.
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Road traffic accident
Claimant sustained injuries including mild head injury, soft tissue damage, and possible PTSD.
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Informal support programme started
Claimant placed on Individual Support Programme with targets for lesson planning, classroom management, and marking.
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First written warning under formal capability procedure
Stage 1 of formal capability procedure commenced after unsatisfactory observations.
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Union raised possible link between disability and performance
Trade union representative requested occupational health assessment; claimant first requested adjustments.
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Panel decided to extend stage 3 for four weeks
Disciplinary panel required further observations and support before final decision.
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Claimant suspended on medical grounds
Claimant suspended due to fitness concerns; she never returned to work.
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Dismissal decision
Panel decided to terminate employment on grounds of capability and lack of engagement.
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Appeal hearing
Claimant did not attend; appeal dismissed.
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Effective date of termination
Claimant's employment ended.
The legal issue
The tribunal had to decide whether the employer failed to make reasonable adjustments for the teacher's dyslexia and hearing impairment during the capability process, and if so, whether that made her dismissal unfair.
The outcome
The tribunal dismissed all claims of unfair dismissal, disability discrimination, failure to make reasonable adjustments, and harassment. It found that the council had followed a proper capability procedure over several years, with informal support and three formal stages. The teacher did not request adjustments until late in the process, and the council had obtained occupational health advice and provided support. The tribunal concluded that the dismissal was within the range of reasonable responses and that no reasonable adjustments were required that had not been made.
Lessons & takeaways
- Employees with disabilities should request reasonable adjustments as early as possible to give employers a chance to act.
- Employers who follow a structured capability procedure with multiple stages and occupational health input are more likely to defend a dismissal.
- Long service does not automatically make a dismissal unfair if performance issues are properly addressed.
- A tribunal will consider whether the employer knew or ought to have known about a disability when assessing reasonable adjustments.
What this case shows in practice
This case illustrates that even a long-serving employee with disabilities can be fairly dismissed if the employer follows a thorough capability process. The teacher had 17 years' service but her teaching performance was consistently rated unsatisfactory from 2013. The council placed her on an informal support programme and then moved through three formal stages, including an extension, over several years. It was only in September 2015 that the teacher first requested adjustments for her dyslexia and hearing impairment, after her union raised the issue. The council then obtained occupational health advice and provided support, but the teacher was suspended on medical grounds in January 2016 and dismissed shortly after.
What the losing side could have done differently
The teacher argued that the council should have made adjustments earlier, such as providing a quiet classroom or assistive technology. However, the tribunal found that the council did not know about her disabilities until late 2015 and acted promptly once informed. The teacher also claimed that the capability process was flawed, but the tribunal noted that she had been given extensive support and opportunities to improve. The key lesson is that employees should disclose disabilities and request adjustments at the start of any performance process, not wait until later.
Why the result matters for similar claims
This decision confirms that employers can rely on a structured capability procedure to manage long-standing performance issues, even when the employee has disabilities. The tribunal emphasised that the council's process was reasonable and that it had made appropriate adjustments once the disabilities were known. For employees, this case highlights the importance of early disclosure and engagement with occupational health. For employers, it shows that a fair process with multiple stages and medical input can withstand legal challenge.
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