Disabled local government officer unfairly dismissed after council failed to support redeployment
A local government officer with fibromyalgia was unfairly dismissed when Hull City Council failed to provide support during a redundancy process. The tribunal awarded £12,000 for injury to feelings and ordered re-engagement.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #unfair-dismissal
- #reasonable-adjustments
- #section-15
- #redundancy
- #fibromyalgia
- #cognitive-impairment
Key facts
- The claimant was disabled by fibromyalgia, depression, anxiety, and PTSD symptoms.
- The respondent restructured housing, eliminating the claimant's Landlord Services Manager post.
- The claimant was unable to participate in the redeployment process due to cognitive impairment from her disability.
- The respondent failed to offer the claimant suitable alternative employment, including a Practice Manager post.
- The respondent did not provide an advocate or support worker to assist the claimant with redeployment.
- The claimant's unfair dismissal claim succeeded, and she was awarded re-engagement and compensation.
Timeline
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Claimant absent from work
The claimant went on sick leave from both posts due to ill health.
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Restructure announced
The respondent notified the start of collective consultation on a restructure of housing grades 10-14, eliminating the LSM posts.
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Claimant informed of role deletion
Mr McEgan sent the claimant the staff consultation pack, informing her that the LSM role was to be deleted.
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Expression of interest request
The claimant was asked to complete an expression of interest form for new posts by 20 November, which she was unable to do due to her condition.
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Stage 3 absence meeting
A meeting was held where the claimant struggled to function; a phased return to member services was agreed.
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Claimant not appointed to posts
The claimant was informed she had not been appointed to any of the four Grade 12 roles for which she was considered.
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Notice of redundancy given
The claimant was given notice of redundancy on her LSM role; she requested a stress risk assessment and grievance.
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Effective date of dismissal
The claimant's redundancy from the housing post took effect.
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Liability judgment
The Tribunal found unfair dismissal and some disability discrimination claims succeeded.
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Remedy judgment
The Tribunal ordered re-engagement to 16 hours as Principal Member Support Officer and awarded £12,000 injury to feelings, £1,000 aggravated damages, and arrears of pay.
The legal issue
The tribunal had to decide whether the council unfairly dismissed the officer by reason of redundancy, and whether it failed to make reasonable adjustments or discriminated against her because of her disability.
The outcome
The tribunal upheld the unfair dismissal claim and some disability discrimination claims.
Key reasons:
- The council failed to provide reasonable adjustments, such as an advocate or support worker, to help the officer engage in the redeployment process.
- The council did not offer her a suitable alternative role, such as a Practice Manager post, despite her being a long-serving employee.
- The redundancy process was not adapted to account for her cognitive impairment caused by fibromyalgia, depression, and anxiety.
Compensation:
- £12,000 for injury to feelings
- £1,000 aggravated damages
- Arrears of pay (amount not specified)
- Re-engagement to 16 hours per week as Principal Member Support Officer
Lessons & takeaways
- Employers must consider reasonable adjustments during redundancy processes for disabled employees, such as providing an advocate or support worker.
- Failing to offer a suitable alternative vacancy to a disabled employee at risk of redundancy can lead to a finding of unfair dismissal.
- Long-serving employees are entitled to a fair process that takes account of their disabilities, including cognitive impairments.
- Employers should not rely on generic redundancy procedures without tailoring them to the individual's needs.
A redundancy process that failed to accommodate disability
This case highlights the importance of tailoring redundancy procedures to the needs of disabled employees. The claimant, a local government officer with fibromyalgia, depression, and anxiety, was unable to participate effectively in the redeployment process due to cognitive impairment. Hull City Council did not provide an advocate or support worker to assist her, nor did it offer her a suitable alternative role, such as a Practice Manager post, despite her being a long-serving employee.
What the council could have done differently
The tribunal found that the council's failure to make reasonable adjustments was central to the unfair dismissal. A simple step—such as assigning an HR representative or a mental health support worker to guide the officer through the process—could have made a significant difference. Additionally, the council could have considered transferring her to an existing vacancy rather than requiring her to compete for roles in a standardised selection process.
Why this matters for similar claims
This case serves as a reminder that redundancy is not a 'one-size-fits-all' process. Employers must actively consider whether an employee's disability affects their ability to engage in consultation and redeployment. The award of £12,000 for injury to feelings and the order for re-engagement demonstrate that tribunals will intervene where employers fail to meet their obligations under the Equality Act. For employees in similar situations, it underscores the importance of requesting reasonable adjustments early and documenting any failures by the employer.
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