Community care assistant with severe asthma dismissed over face mask requirement: a failure to make reasonable adjustments

This case illustrates how a rigid workplace policy, applied without any consideration of an employee's known disability, can lead to a finding of unfair dismissal and disability discrimination. The claimant had worked as a community care assistant for over five years, and her employer knew she had severe asthma from the day she applied. During the pandemic, when surgical masks became mandatory, she explained she could not wear one for more than ten minutes. Instead of exploring alternatives such as visors or different duties, the employer dismissed her by telephone the same day.

What went wrong

The employer failed at almost every step of a fair process. There was no investigation into the claimant's medical condition, no request for an occupational health report, and no meeting to discuss possible adjustments. The claimant had previously used a visor without issue, but this was not considered. The dismissal was summary — no notice, no right of appeal. The tribunal noted that even a basic inquiry would have revealed that alternatives existed and that the claimant could have continued working safely.

Why this matters

For employees with disabilities, this case reinforces that employers cannot simply apply a blanket policy without considering individual circumstances. The duty to make reasonable adjustments is proactive — employers must explore options before concluding that dismissal is the only answer. For anyone in a similar situation, the key takeaway is that a fair process requires investigation, consultation, and genuine consideration of alternatives. A knee-jerk dismissal, especially of a long-serving employee with a known disability, is highly likely to be found unfair and discriminatory.