Bus driver with long COVID dismissed the day after furlough ended: unfair dismissal and disability discrimination
A bus driver with long COVID was dismissed the day after furlough ended, without waiting for specialist medical input. The tribunal found unfair dismissal and disability discrimination, awarding £2,597.04.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a bus driver from July 2015 to 1 October 2021.
- He contracted COVID-19 in January 2021 and developed long COVID.
- He was furloughed from 22 January 2021 until the scheme ended on 30 September 2021.
- The respondent dismissed him on 1 October 2021, the day after furlough ended, without waiting for specialist medical input.
- The claimant had an exemplary record and was a long-serving employee.
- The respondent had knowledge of the claimant's condition through occupational health reports.
Timeline
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Claimant reported sick
Claimant phoned in sick with COVID-19.
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Furlough commenced
Claimant started furlough leave by agreement.
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Occupational health appointment
Claimant attended an occupational health appointment; report dated 1 September 2021.
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Invitation to meeting
Respondent invited claimant to a meeting to discuss his medical information and potential dismissal.
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First dismissal meeting
Meeting held but adjourned to 1 October 2021.
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Long COVID clinic call
Claimant spoke with Long COVID Centre about his condition.
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Dismissal
Claimant was dismissed with effect from 1 October 2021.
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Further Long COVID appointment
Claimant had another appointment and was referred to specialists.
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Appeal hearing
Claimant's appeal against dismissal was heard.
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Appeal outcome
Appeal was not upheld.
The legal issue
The tribunal had to decide whether the claimant's long COVID amounted to a disability, whether his dismissal was because of something arising from that disability, and whether the employer acted reasonably in treating capability as a fair reason for dismissal.
The outcome
The tribunal ruled that the claimant was disabled due to long COVID at the time of dismissal, and that his dismissal amounted to discrimination arising from disability. The dismissal was also unfair because the employer failed to wait for specialist medical input and acted too hastily.
Compensation:
- Basic award: £2,597.04
- No compensatory award was sought (the respondent was in administration).
Lessons & takeaways
- Employers should not rush to dismiss an employee with long COVID without obtaining up-to-date medical evidence, especially if specialist appointments are pending.
- Long COVID can amount to a disability under the Equality Act 2010 if it has a substantial and long-term adverse effect on daily activities.
- Dismissing an employee the day after furlough ends may look like a cost-saving measure, which can undermine the fairness of the process.
- A long service record and exemplary conduct are factors that weigh in favour of giving the employee more time and support before dismissal.
A hasty dismissal after furlough
This case shows what can happen when an employer acts too quickly. The bus driver had worked for Bournemouth Transport for six years with an exemplary record. After contracting COVID-19 in January 2021, he developed long COVID and was furloughed until the scheme ended on 30 September 2021. The very next day, he was dismissed.
The employer had an occupational health report from early September, but the claimant had a long COVID clinic appointment scheduled for 11 October 2021. The tribunal found that the employer should have waited for that specialist input before making a decision. Instead, the timing suggested the employer wanted to avoid paying sick pay after furlough ended.
What the employer could have done differently
The employer could have adjourned the dismissal meeting until after the long COVID clinic appointment. They could also have considered the claimant's long service and good record, and explored whether adjustments or further sick leave were reasonable. By rushing, they fell outside the range of reasonable responses and also discriminated against the claimant because of something arising from his disability — his sickness absence.
Why this matters for similar claims
Long COVID is a relatively new condition, and tribunals are still developing guidance. This decision confirms that long COVID can be a disability, and that employers must not treat it as a simple sickness absence issue. The case also highlights the importance of timing: dismissing an employee the day after a government support scheme ends invites scrutiny. For employees in similar situations, this case shows that a tribunal will look at whether the employer genuinely considered their condition and prognosis, or simply acted for administrative convenience.
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