45 years' service, then dismissed for stress: a failure to make reasonable adjustments
An HMRC administrative officer with 45 years' service was unfairly dismissed and discriminated against after her employer refused to transfer her to another team as a reasonable adjustment for depression. The tribunal awarded £243,957.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by HMRC as an Administrative Officer from 1970 until her dismissal on 13 April 2015.
- She had been absent on sick leave since 15 December 2014 with depression due to stress at work, which she attributed to her line manager.
- The claimant repeatedly requested a transfer to another team as a reasonable adjustment, but this was refused.
- The dismissing officer found no prospect of return to work within a reasonable time, despite GP letters stating she could return if moved.
- The tribunal found the dismissal unfair and discriminatory, and that a team move was a reasonable adjustment that was not made.
- The claimant was awarded total compensation of £243,957.28, including injury to feelings and personal injury.
Timeline
-
Employment started
The claimant began working for HMRC as an Administrative Officer at age 16.
-
Relationship with manager deteriorated
The claimant's relationship with her line manager Linda Marrison began to deteriorate.
-
Annual leave dispute
Ms Marrison told the claimant she could not have 31 December off; the claimant felt unfairly treated.
-
First request for transfer
The claimant requested a move to another team during a meeting with Ms Marrison; Ms Marrison refused.
-
Confrontation at work
A heated exchange occurred between the claimant and Ms Marrison; the claimant felt harassed.
-
Formal grievance submitted
The claimant handed in a nine-page grievance letter alleging bullying by Ms Marrison, with a GP letter.
-
Sick leave started
The claimant went on sick leave due to depression and never returned to work.
-
Transfer request refused by senior manager
Mr Waldron refused the claimant's request for a team move, stating it was not a realistic solution.
-
Dismissal
The claimant was dismissed on grounds of capability; she did not attend the hearing.
-
Appeal rejected
The appeal against dismissal was rejected by Mr Caren.
-
Liability judgment
The tribunal found the claimant was unfairly dismissed and discriminated against due to disability.
-
Remedy judgment
The tribunal awarded total compensation of £243,957.28.
The legal issue
The tribunal had to decide whether the employee's dismissal for capability was fair, whether she was discriminated against because of something arising from her disability (depression), and whether HMRC failed to make reasonable adjustments by not transferring her to another team.
The outcome
The tribunal found that the employee was unfairly dismissed and that HMRC had discriminated against her by failing to make reasonable adjustments. The key reason was that a transfer to another team was a reasonable adjustment that would have allowed her to return to work, but HMRC refused it without proper justification.
Compensation:
- Basic award: £11,580.90
- Total compensation: £243,957.28 (including injury to feelings and personal injury)
Lessons & takeaways
- A transfer to a different team can be a reasonable adjustment for an employee with a mental health condition linked to workplace stress.
- Employers should consider and explore reasonable adjustments before dismissing on capability grounds, especially for long-serving employees.
- Ignoring medical evidence that suggests a return to work is possible with adjustments can lead to findings of unfair dismissal and discrimination.
- Length of service is a key factor in what counts as a reasonable response — long-serving employees usually get more process.
This case shows how a failure to consider reasonable adjustments can turn a capability dismissal into a costly discrimination claim. The employee, who had worked for HMRC since the age of 16, developed depression after a dispute with her line manager. She repeatedly asked to be moved to another team, and her GP wrote letters stating she could return to work if transferred. HMRC refused, and dismissed her after just four months' absence.
What HMRC could have done differently
The dismissing officer concluded there was no prospect of return within a reasonable time, despite the GP's letters. The tribunal found that a team move was a reasonable adjustment that should have been considered. Had HMRC explored this option, the employee might have returned to work and avoided dismissal. Instead, the refusal to transfer was found to be discriminatory.
Why this matters for similar claims
For employees with long service, employers are expected to take extra care. A refusal to consider a simple adjustment like a team transfer, when supported by medical evidence, is a red flag for tribunals. The compensation here — over £243,000 — reflects the seriousness of the failure. Employees in similar situations should document all requests for adjustments and ensure their employer has the chance to respond properly.
Similar cases
Bid Manager with 12 years' service awarded £964k after disability discrimination and victimisation
A tribunal found that Mears Group plc unfairly dismissed a Bid Manager with spinal injuries and victimised her for raising concerns about reasonable adjustments. She was awarded £964,465.37.
27-year social worker dismissed after 9 months' sick leave: tribunal upholds council's decision
Birmingham City Council fairly dismissed a Senior Practitioner with 27 years' service after a 9-month sickness absence for bereavement stress. The tribunal rejected claims of unfair dismissal and disability discrimination.
20-year manager dismissed for capability after employer refused to adjust role for disability
A Global Governance Risk and Compliance Manager with 20 years' service was unfairly dismissed and discriminated against after GlaxoSmithKline failed to make reasonable adjustments for her hand disability. The tribunal awarded £24,785 for injury to feelings.
Production operative dismissed during long-term sick leave: unfair dismissal claim fails on service
A production operative who was dismissed while on sick leave for plantar fasciitis and depression lost her unfair dismissal claim because she had less than two years' service. All disability discrimination claims were also dismissed.