37-year Ministry of Defence engineer unfairly dismissed over mental health absence

A long career cut short by a failure to listen

This case shows what can happen when an employer focuses on conduct rules without properly considering an employee's underlying health. The mechanical engineer had worked for the Ministry of Defence for 37 years without any significant disciplinary issues. When he began to struggle with mental health and hypertension, his behaviour changed, but the employer treated his absence as misconduct rather than a health matter.

The tribunal found that the employer did not take reasonable steps to understand the claimant's condition. Despite clear signs of depression and a self-certification of sickness, the disciplinary process pressed ahead without seeking proper medical evidence. The decision to dismiss for gross misconduct was outside the range of reasonable responses.

What the employer could have done differently

The Ministry of Defence could have paused the disciplinary process when the claimant raised his mental health issues. They could have obtained an updated occupational health report or sought a GP's note. Instead, they relied on an earlier report that said the problem was 'management/employee relations' – a report that was already out of date by the time of the dismissal.

Why this matters for similar claims

This case reinforces that long service does not give an employer a free pass to ignore health issues. The 25% Polkey reduction shows that even with a fair process, dismissal might still have been possible – but the employer's failure to consider mental health was the decisive factor. For anyone in a similar situation, the key is to document all communications about your health and ensure your employer has the chance to consider medical evidence before making a final decision.