Dental nurse dismissed after brain haemorrhage: tribunal finds unfair dismissal and discrimination
A dental nurse who suffered a brain haemorrhage after childbirth was unfairly dismissed by her employer, who failed to consult her or obtain an up-to-date medical report. The tribunal awarded her £38,191 in compensation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant suffered a brain haemorrhage after childbirth, resulting in hemianopia (partial vision loss).
- The respondent dismissed the claimant by email on 15 October 2020, citing redundancy due to long-term ill health.
- The respondent did not consult the claimant or obtain an up-to-date medical report before dismissal.
- The respondent made a sexist comment at the appeal hearing about the claimant's ability to care for her baby.
- An occupational health report in March 2021 found the claimant fit to work with adjustments, but the respondent took no further action.
- The respondent failed to pay the claimant her full contractual sick pay and notice pay.
Timeline
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Claimant started employment
Claimant joined the respondent as a Trainee Dental Nurse.
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Maternity leave began
Claimant went on maternity leave, intending to return in August 2020.
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Child born
Claimant gave birth to her child.
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Brain haemorrhage
Claimant was readmitted to hospital with a brain haemorrhage, leading to hemianopia.
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Respondent placed claimant on sick leave
Petra Fanoni informed the claimant she would be put on sick leave and asked for a fit note.
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Telephone conversation with respondent
John O'Dea called the claimant to discuss return to work; claimant requested an occupational health assessment.
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Dismissal email sent
Respondent sent an email terminating the claimant's employment for 'redundancy' due to long-term ill health.
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Claimant learned of dismissal
Petra Fanoni forwarded the dismissal email to the claimant after she contacted the practice about returning to work.
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Appeal hearing
Appeal meeting held; respondent made a sexist comment about the claimant's childcare abilities.
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Occupational health report received
OH report concluded claimant was fit to work with adjustments; respondent took no further action.
The legal issue
The tribunal had to decide whether the dental nurse was unfairly dismissed on capability grounds, and whether the respondent directly discriminated against her because of disability and sex, and discriminated against her because of something arising from her disability.
The outcome
The tribunal upheld the dental nurse's claims of unfair dismissal, direct disability discrimination, direct sex discrimination, discrimination arising from disability, breach of contract, and unlawful deductions from wages. Her claim for failure to make reasonable adjustments was dismissed.
The key reasons were:
- The respondent dismissed her by email without any consultation or up-to-date medical evidence.
- The respondent made a sexist comment at the appeal hearing about her ability to care for her baby.
- An occupational health report later found her fit to work with adjustments, but the respondent took no further action.
Compensation breakdown:
- Unfair dismissal compensatory award: £14,970.00
- Loss of earnings from discrimination: £6,697.20
- Injury to feelings: £15,000.00
- Loss of statutory rights: £500.00
- Unpaid statutory sick pay: £418.60
- Notice pay: £515.16
- Pension: £321.84
- Total: £38,191.18
Lessons & takeaways
- Employers must consult with employees and obtain up-to-date medical evidence before dismissing on capability grounds, especially where the employee has a disability.
- A dismissal by email without any prior discussion is unlikely to be fair, regardless of the reason given.
- Making sexist or discriminatory comments during an appeal hearing can be used as evidence of discrimination.
- If an occupational health report later finds the employee fit to work with adjustments, the employer should consider those adjustments rather than ignoring them.
A dismissal that lacked basic fairness
This case shows what can happen when an employer jumps to conclusions about an employee's ability to work without proper consultation. The dental nurse had been on maternity leave and then suffered a brain haemorrhage, leaving her with hemianopia (partial vision loss). Instead of discussing her return to work or obtaining an up-to-date medical report, the respondent sent a dismissal email citing 'redundancy' due to long-term ill health. The tribunal found this process fell far short of what is required for a fair capability dismissal.
What the employer could have done differently
The respondent had several opportunities to handle this properly. When the claimant requested an occupational health assessment, the respondent should have arranged one before making any decision. Even after dismissal, an occupational health report in March 2021 found the claimant fit to work with adjustments, but the respondent took no further action. Additionally, the sexist comment made at the appeal hearing about the claimant's ability to care for her baby was a clear example of direct sex discrimination.
Why this matters for similar claims
This case highlights the importance of following a fair process when dismissing an employee on capability grounds, particularly where disability is involved. Employers must consult, obtain up-to-date medical evidence, and consider reasonable adjustments. The substantial award for injury to feelings (£15,000) reflects the distress caused by the discriminatory treatment. For employees, it shows that even if an employer claims redundancy or capability, the tribunal will examine whether the process was fair and whether discrimination played a role.
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