28-year career ended by long-term sickness: tribunal finds NHS trust acted fairly
An employment tribunal has ruled that Central London Community Healthcare NHS Trust fairly dismissed a rehabilitation assistant with 28 years' service after prolonged sickness absence, rejecting claims of unfair dismissal and disability discrimination.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #depression
- #occupational-health
- #sickness-absence-policy
- #career-break-offer
- #redeployment-considered
Key facts
- The claimant was employed as a Rehabilitation Assistant from 1 November 1993 until dismissal on 14 December 2021.
- She had 19 episodes of sickness absence totalling approximately 1,122 calendar days since 2015.
- The respondent conceded the claimant was disabled by depression at all material times, with knowledge from 12 January 2021.
- The respondent held five final sickness review meetings and obtained multiple occupational health reports before dismissing.
- The claimant was offered a six-month unpaid career break but declined it.
- The dismissal was for capability due to ill-health, and the tribunal found it fair.
Timeline
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Employment commenced
Claimant started work as a Rehabilitation Assistant in the Falls Prevention Service.
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First significant absence under Ms Stewart
Claimant began a period of sickness absence due to bereavement after her dog died, lasting until 14 July 2019.
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Prolonged absence due to road traffic accident
Claimant was off sick until 21 June 2020 with migraine, back, neck and shoulder pain.
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Final prolonged absence began
Claimant self-certified sickness after being diagnosed with depression by her GP; this absence continued until dismissal.
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First fit note citing depression
GP fit note stated depression, marking the first official reference to depression.
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Career break offered
At the fourth final sickness review meeting, Ms Johnson offered a six-month unpaid career break; claimant later declined.
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Dismissal decision
At the rescheduled final sickness review meeting, Ms Walker terminated employment on grounds of capability due to ill-health.
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Appeal hearing
Appeal chaired by Ms Hale; the dismissal was upheld.
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Effective date of termination
Claimant's employment ended with 3 months' pay in lieu of notice.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for capability due to ill-health, and whether the dismissal amounted to discrimination arising from disability under section 15 of the Equality Act 2010.
The outcome
The tribunal dismissed the claims of unfair dismissal and discrimination arising from disability.
Key reasons:
- The trust had a genuine belief, based on reasonable grounds, that the claimant was incapable of performing her role due to ill-health.
- The trust acted within the band of reasonable responses by holding five final sickness review meetings, obtaining multiple occupational health reports, and offering a six-month unpaid career break.
- The dismissal was a proportionate means of achieving the legitimate aims of operational effectiveness, fair workload balance, and cost efficiency.
No compensation was awarded as the claims were unsuccessful.
Lessons & takeaways
- Employers should conduct a thorough process with multiple review meetings and up-to-date medical evidence before dismissing for long-term sickness.
- Offering alternatives like a career break or redeployment can help demonstrate that dismissal is a last resort.
- Long service does not automatically make a dismissal unfair if the employer follows a reasonable procedure.
- Disability discrimination claims based on sickness absence may fail if the employer shows the dismissal was proportionate to a legitimate aim.
A long career cut short by ill-health
This case shows how an employer can fairly dismiss a long-serving employee when sickness absence becomes unsustainable, provided the process is thorough and alternatives are considered. The claimant had worked for the NHS trust for 28 years, but from 2015 onwards she accumulated around 1,122 calendar days of sickness absence across 19 episodes. Her final absence, due to depression, began in January 2021 and continued until her dismissal in December 2021.
The trust did not rush to a decision. It held five final sickness review meetings, obtained several occupational health reports, and offered a six-month unpaid career break, which the claimant declined. The tribunal noted that the trust had a genuine belief, based on reasonable grounds, that the claimant was incapable of performing her role.
What the trust did right
The key to the trust's success was its careful process. It engaged with the claimant throughout her absence, sought medical advice, and considered alternatives to dismissal. The offer of a career break was particularly significant, as it showed the trust was willing to accommodate her situation. When the claimant declined, the trust had a stronger basis for concluding that dismissal was necessary.
The tribunal also accepted that the trust's aims — ensuring operational effectiveness, balancing workloads, and maintaining cost efficiency — were legitimate and that dismissal was a proportionate way to achieve them. This defeated the discrimination claim under section 15 of the Equality Act.
What this means for similar cases
For employees, this case is a reminder that even long service does not guarantee protection from dismissal if the employer follows a fair process. For employers, it reinforces the importance of documenting every step, obtaining up-to-date medical evidence, and exploring all alternatives before dismissing on capability grounds. The tribunal was particularly impressed that the trust did not rely on stale reports and gave the claimant every opportunity to return to work.
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