Bus driver dismissed after long-term sickness absence: strike-out bid refused
A bus driver with 13 years' service was dismissed after being off sick for over a year. The tribunal refused to strike out her remaining claims of unfair dismissal and disability discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a bus driver from December 2007 to 14 October 2020.
- The claimant has a chronic back condition due to slipped discs and is a disabled person.
- The claimant was dismissed on 14 October 2020 after being off work for more than a year.
- The respondent admits the dismissal was related to the claimant's disability.
- The claimant withdrew claims of race discrimination, direct disability discrimination, and health and safety detriment.
- Deposit orders were made for harassment, victimisation, and automatic unfair dismissal claims, but deposits were not paid, so those claims were struck out.
Timeline
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Employment started
Claimant began working for the respondent as a bus driver.
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Dismissal
Claimant was dismissed due to ill health after being absent for over a year.
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Claim presented
Claimant presented claims of race discrimination, disability discrimination, unlawful detriment, and unfair dismissal.
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Preliminary hearing (Judge Buchanan)
Claimant withdrew race discrimination and health and safety detriment claims. Unless order made for further information.
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Withdrawal of direct disability discrimination
Claimant withdrew direct disability discrimination claim.
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Preliminary hearing (Judge Gordon Walker)
Deposit orders made for harassment, victimisation, and automatic unfair dismissal claims.
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Deposit order sent
Deposit order sent to claimant; deposits not paid.
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Strike out for non-payment
Claims of harassment, victimisation, and automatic unfair dismissal struck out for failure to pay deposits.
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Preliminary hearing (Judge Foxwell)
Respondent's strike out application dismissed; final hearing relisted.
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Judgment
Reserved judgment dismissing strike out application.
The legal issue
The tribunal had to decide whether to strike out the remaining claims because the claimant had failed to comply with case management orders and had not actively pursued her case.
The outcome
The tribunal decided not to strike out the claims of ordinary unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments.
The key reason was that, despite the claimant's failure to pay deposits for other claims and some delay, the remaining claims had sufficient merit to proceed to a final hearing. The tribunal noted that the respondent had admitted the dismissal was related to the claimant's disability, which gave the discrimination claims a realistic prospect of success.
No compensation was awarded at this stage as the case was not yet decided on the merits.
Lessons & takeaways
- If you have a disability, an employer must consider reasonable adjustments before dismissing you for long-term sickness.
- Failing to comply with tribunal orders can lead to claims being struck out, but the tribunal may still allow meritorious claims to proceed.
- Admission by an employer that a dismissal relates to disability can strengthen a discrimination claim significantly.
- Seeking advice from a trade union representative can help navigate complex tribunal procedures.
A long-serving employee dismissed after a year off sick
This case involves a bus driver who had worked for Arriva London North Limited for 13 years before being dismissed in October 2020 due to long-term sickness absence caused by a chronic back condition. The employer admitted that the dismissal was related to the employee's disability, which is a key factor in disability discrimination claims.
The employee brought multiple claims, including ordinary unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments. However, several other claims – including harassment, victimisation, and automatic unfair dismissal – were struck out after the employee failed to pay deposit orders required by the tribunal.
What the tribunal decided
At a preliminary hearing in June 2023, the employer applied to strike out the remaining claims, arguing that the employee had not complied with case management orders and had not actively pursued her case. The tribunal refused the strike-out application, ruling that the remaining claims had reasonable prospects of success and should proceed to a final hearing.
The tribunal noted that the employer's admission that the dismissal was disability-related gave the discrimination claims a realistic chance of success. It also considered that the employee had been represented by a trade union representative and that some delays were not entirely her fault.
What this means for similar claims
This case shows that even when a claimant has procedural issues – like failing to pay deposits or missing deadlines – the tribunal may still allow the case to go ahead if the underlying claims have merit. For employees with disabilities facing dismissal after long-term sickness, it is crucial to raise the issue of reasonable adjustments early and to comply with tribunal orders to avoid strike-out risks.
Employers should note that admitting a link between dismissal and disability can strengthen a discrimination claim, making it harder to defend. Proper consideration of adjustments and a fair capability process are essential to avoid liability.
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