Disabled engineer unfairly dismissed by Ministry of Defence after 12 years' service
A telecommunications engineer with physical and mental health disabilities was unfairly dismissed and discriminated against by the Ministry of Defence. The tribunal awarded £147,809.69 in total damages.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 17 January 2003 to 26 February 2016.
- The claimant had physical disabilities (back and bowel) and mental health conditions (depression/anxiety).
- The respondent failed to make reasonable adjustments for meetings at Bovington camp in October-December 2015.
- The claimant was dismissed following a disciplinary process that did not properly consider his disabilities.
- The tribunal found the claimant was unfairly dismissed and unlawfully discriminated against because of disability.
- The claimant was awarded £30,000 for injury to feelings and a basic award of £7,726.73.
Timeline
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Employment start
Claimant began employment with the Ministry of Defence as a D grade Instruction Officer.
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Last worked
Claimant stopped working due to health issues; remained on full pay until dismissal.
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Occupational health report
OH report advised claimant was fit for office duties with adjustments, but had complex health issues.
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Failed return-to-work meeting
Claimant attempted to attend a meeting at Bovington camp but soiled himself due to IBS.
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Email from investigating officer
Mr Rogers sent an email detailing claimant's health issues, but it was not included in the disciplinary pack.
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Dismissal
Claimant was dismissed for gross misconduct after a disciplinary hearing that did not consider his disabilities.
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Claim presented
Claimant filed a claim for unfair dismissal and disability discrimination.
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Liability hearing
Liability hearing held from 3-6 April 2017; judgment sent on 19 May 2017 found unfair dismissal and discrimination.
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Remedy hearing
Remedy hearing held remotely on 7-8 April 2021.
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Remedy judgment
Employment Judge Goraj issued remedy judgment awarding £30,000 injury to feelings and other losses.
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Final consent judgment
By consent, respondent ordered to pay total damages of £147,809.69 plus interest.
The legal issue
The tribunal had to decide the appropriate remedy for an employee who was unfairly dismissed and discriminated against because of his disability, including compensation for injury to feelings and financial losses, and whether he would have been dismissed anyway due to ill health.
The outcome
The tribunal upheld the earlier liability finding that the Ministry of Defence unfairly dismissed the engineer and discriminated against him because of his disability.
The key reasons were:
- The respondent failed to make reasonable adjustments for meetings the engineer was required to attend, despite knowing about his bowel condition.
- The disciplinary process that led to dismissal did not take account of his disabilities.
Compensation breakdown:
- Basic award: £7,726.73
- Injury to feelings: £30,000
- Loss of statutory rights: £350
- Further financial losses (including pension) were agreed at a later date, bringing the total to £147,809.69
Lessons & takeaways
- Employers must consider making reasonable adjustments for disabled employees, such as allowing remote attendance at meetings.
- Disciplinary processes should take into account an employee's disability and any related behaviour.
- Length of service (here 12 years) can strengthen a claim that the employer's response was unreasonable.
- Failing to include relevant medical information in disciplinary packs can be a sign of procedural unfairness.
A case of failing to see the person behind the disability
This case shows what can happen when an employer focuses on process rather than the individual. The engineer, who had served the Ministry of Defence for 12 years, had physical disabilities including a back condition and a bowel disorder, as well as depression and anxiety. Despite knowing about these conditions, the MOD required him to attend meetings at a location that triggered his IBS, leading to a distressing incident. Instead of adjusting the arrangements, the MOD pursued disciplinary action and ultimately dismissed him for gross misconduct.
What the MOD could have done differently
The tribunal found that the investigating officer had emailed details of the engineer's health issues, but this was not included in the disciplinary pack. Had the decision-makers been fully aware of his disabilities, they might have considered reasonable adjustments such as holding meetings at a different venue or allowing him to attend remotely. The MOD also failed to properly consider an occupational health report that suggested he could work with adjustments. A more compassionate and flexible approach could have avoided the dismissal and the subsequent legal action.
Why this matters for similar claims
This case reinforces that employers cannot ignore an employee's disability when conducting disciplinary or capability procedures. The award of £30,000 for injury to feelings reflects the significant distress caused by the discrimination. For employees with long service, the bar for what counts as a reasonable response is higher. The tribunal also applied a Polkey reduction, finding there was an 80% chance the engineer would have remained employed until the end of 2019 if not for the discrimination, but a 90% chance he would then have been lawfully dismissed on ill-health grounds. This shows that even where future dismissal is likely, compensation can still be substantial for the period of lost employment and the injury to feelings.
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