Contract Manager dismissed after four months off sick: employer's decision upheld
An employment tribunal has dismissed a contract manager's unfair dismissal claim after his employer decided he was no longer capable of performing his physical role due to long-term knee pain.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #capability-dismissal
- #medical-evidence
- #family-employer
- #no-alternative-role
Key facts
- Claimant worked as a Contract Manager performing physical ground maintenance work.
- Claimant was absent from work from 22 January 2021 due to severe knee pain and arthritis.
- Respondent obtained a GP report and held a medical capability meeting on 2 June 2021.
- Claimant was dismissed on 3 June 2021 on grounds of capability due to long-term sickness.
- Claimant had been off work for over four months with no clear return date.
- Employment Judge found the dismissal was within the range of reasonable responses.
Timeline
-
Employment started
Claimant began working for respondent as Contract Manager, performing physical ground maintenance.
-
Vehicle change
Claimant was told he could no longer use the wood truck and had to drive a panel van, which caused knee pain.
-
Sick leave begins
Claimant was signed off sick due to severe knee pain and arthritis; did not return to work before dismissal.
-
GP consent requested
Respondent wrote to claimant seeking consent to obtain a GP report.
-
GP report received
GP report stated claimant had severe knee pain triggered by vehicle change, no return date, awaiting specialist.
-
Invitation to capability meeting
Respondent invited claimant to a medical capability meeting under the capability procedure.
-
Capability meeting
Meeting held by video; claimant reported he was unfit for work, no treatment dates, no suggestions for alternative duties.
-
Dismissal
Claimant dismissed with immediate effect on grounds of capability; paid in lieu of notice and accrued holiday.
-
Claim presented
Claimant presented unfair dismissal claim to the Employment Tribunal.
-
Preliminary hearing
Employment Judge Gumbiti-Zimuto struck out disability discrimination and harassment claims; unfair dismissal claim to proceed.
-
Final hearing day 1
Full hearing of unfair dismissal claim before Employment Judge Hawksworth.
-
Final hearing day 2 and judgment
Judgment given: unfair dismissal claim dismissed.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the claimant on capability grounds due to long-term sickness absence, considering the medical evidence available and the lack of suitable alternative roles.
The outcome
The tribunal dismissed the unfair dismissal claim, finding that the employer acted reasonably.
Key reasons:
- The claimant had been off work for over four months with no prospect of a return to work in the near future.
- The employer obtained a GP report and held a capability meeting before deciding to dismiss.
- The claimant did not suggest any alternative duties or adjustments that would allow him to work.
- As a small family-run business, the employer had limited scope to find alternative roles.
No compensation was awarded as the claim was unsuccessful.
Lessons & takeaways
- If you are off sick long-term, keep your employer updated on your medical progress and any likely return date.
- Employers should obtain up-to-date medical evidence and hold a proper capability meeting before dismissing on health grounds.
- Small employers may have more leeway in what is considered a reasonable response, especially if no alternative roles exist.
- Suggesting possible adjustments or alternative duties can help protect your position if capability dismissal is being considered.
When long-term sickness leads to dismissal
This case shows how a small employer can fairly dismiss an employee who is unable to work due to long-term sickness, provided they follow a proper process. The claimant, a contract manager for a ground maintenance company, had been off work since January 2021 with severe knee pain. By June, with no return date in sight and the GP report offering little hope of improvement, the employer decided to dismiss on capability grounds.
What the employer did right
The employer obtained a GP report with the claimant's consent, held a video capability meeting, and considered whether there were any alternative roles. The claimant did not suggest any adjustments or lighter duties that might allow him to work. The tribunal noted that the employer was a small family-run business with limited options, and that the decision to dismiss fell within the 'range of reasonable responses' – the legal test for fairness.
Why the claim failed
The claimant argued that the dismissal was unfair because the employer had not waited for a specialist appointment or considered further medical evidence. However, the tribunal found that after four months of absence and with no clear return date, the employer was entitled to conclude that the claimant was no longer capable of doing his job. The fact that the claimant's sister and brother-in-law ran the company did not make the decision unreasonable.
Key takeaway
For employees in similar situations, the message is clear: keep your employer informed of your medical progress and be proactive about suggesting possible adjustments. For employers, following a structured capability procedure – including obtaining medical evidence and holding a meeting – is essential to defending a dismissal as fair.
Similar cases
Dismissed during long-term sick leave: a capability decision that went too fast
A warehouse operative with 6.5 years' service was dismissed for capability after a year of sick leave for depression. The tribunal upheld the dismissal, finding the employer acted reasonably despite not waiting the 4-5 weeks suggested by occupational health.
Long-serving employee dismissed during sickness absence: claim thrown out for being too late
A tribunal dismissed unfair dismissal and wage claims from a CSS General with 20 years' service because he waited over five months to contact ACAS, even though he continued to receive salary after dismissal.
Capability dismissal upheld after employee disengaged during long-term sickness
A customer service adviser with functional neurological disorder lost his unfair dismissal and disability discrimination claims. The tribunal found the employer's process was fair and the dismissal justified.
Personal support worker dismissed after 18 months' sick leave: capability dismissal upheld
A personal support worker who was dismissed after 18 months' absence due to bowel cancer and a hernia has lost her unfair dismissal claim. The tribunal found the dismissal was fair, and even if the procedure had been flawed, she would have been dismissed anyway.