Dismissed after requesting mental health adjustments: a failure to accommodate disability
A sales and marketing consultant with anxiety was dismissed just before her two-year service milestone after requesting reduced hours. The tribunal found disability discrimination and awarded £36,735.59.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #reasonable-adjustments
- #victimisation
- #mental-health
- #acad-code-uplift
- #short-service-dismissal
Key facts
- The claimant was employed as a sales and marketing consultant from 21 January 2019 to 12 January 2021.
- She suffered from anxiety and low mood from at least September 2020, which the respondent's sales director was aware of.
- She requested reasonable adjustments including reduced hours and removal of customer service duties, which were not properly considered.
- She was dismissed for misconduct on 12 January 2021, just before her two-year service milestone.
- The tribunal found the dismissal was motivated by her disability and her request for adjustments.
- The respondent failed to follow its own disciplinary procedure and breached the ACAS code.
Timeline
-
Employment started
Claimant began working as a full-time sales and marketing consultant.
-
Mental health symptoms began
Claimant started experiencing social anxiety, mood swings, and other symptoms.
-
First disclosure of difficulties
Claimant spoke to Mr Moss about feeling mentally challenged and overwhelmed.
-
Sickness review meeting
Formal meeting to discuss absence; claimant mentioned anxiety and workload issues.
-
Request for adjustments
Claimant requested reduced hours and home working; request was dismissed without proper consideration.
-
Absence due to anxiety
Claimant was off work on 14 and 15 December due to anxiety.
-
Welfare meeting
Claimant had an emotional breakdown; requested part-time hours and removal of customer service duties.
-
Disciplinary invitation
Claimant was invited to a disciplinary hearing for alleged misconduct including absences and lateness.
-
GP diagnosis
Claimant obtained a fit note diagnosing 'mood disorder'.
-
Disciplinary hearing in absence
Respondent held the hearing without the claimant and decided to dismiss.
-
Dismissal
Claimant was dismissed with immediate effect for misconduct.
The legal issue
The tribunal had to decide whether the respondent discriminated against the claimant because of something arising from her disability, failed to make reasonable adjustments, and subjected her to a detriment for doing a protected act (requesting adjustments).
The outcome
The tribunal found in favour of the claimant on all three claims: discrimination arising from disability, failure to make reasonable adjustments, and detriment for a protected act.
Key reasons:
- The respondent knew about the claimant's anxiety and low mood from September 2020 but did not properly consider her requests for reduced hours and removal of customer service duties.
- The disciplinary process was flawed: the hearing went ahead in her absence despite her GP fit note, and the dismissal was motivated by her disability and her request for adjustments.
- The respondent failed to follow its own disciplinary procedure and breached the ACAS code.
Compensation:
- Total damages: £36,735.59 (no breakdown provided in the facts).
Lessons & takeaways
- Employers must properly consider and respond to requests for reasonable adjustments from employees with mental health conditions, even if the employee has less than two years' service.
- Disciplinary action that is motivated by an employee's disability or their request for adjustments can amount to discrimination, even if framed as misconduct.
- Holding a disciplinary hearing in the employee's absence without good reason, especially when they have provided medical evidence, is likely to be unfair and discriminatory.
- Failing to follow your own disciplinary procedure and the ACAS code can increase compensation and strengthen a discrimination claim.
A request for help that led to dismissal
A sales and marketing consultant with just under two years' service began experiencing anxiety and low mood in September 2020. She told her line manager, the sales director, and later requested adjustments such as reduced hours and home working. Instead of engaging with her requests, the employer dismissed her for misconduct just before her two-year service milestone.
The tribunal found that the real reason for the dismissal was her disability and her protected act of requesting adjustments. The employer had not properly considered the adjustments, and the disciplinary process was rushed and unfair.
What the employer did wrong
The respondent, Futurelink Employment Services Ltd, knew about the claimant's mental health difficulties from September 2020. In November 2020, she requested reduced hours and home working, but the request was dismissed without proper consideration. In December, she had an emotional breakdown at a welfare meeting and again requested part-time hours and removal of customer service duties.
In January 2021, she was invited to a disciplinary hearing for alleged misconduct including absences and lateness. She obtained a GP fit note diagnosing a 'mood disorder', but the employer held the hearing in her absence and decided to dismiss. The tribunal noted that the employer failed to follow its own disciplinary procedure and breached the ACAS code.
Why this case matters
This case shows that employers cannot ignore mental health conditions or treat requests for adjustments as irrelevant. Even employees with less than two years' service are protected from disability discrimination. The tribunal awarded £36,735.59 in damages, reflecting the seriousness of the failures.
For anyone in a similar situation, it is important to document your requests for adjustments and any evidence of your condition. Employers have a duty to consider reasonable adjustments and cannot use a flawed disciplinary process to dismiss an employee because of their disability.
Similar cases
Security officer dismissed after back injury: tribunal finds unfair dismissal and disability discrimination
A security officer with six years' service was unfairly dismissed after a back injury. The tribunal also found that CIS Security Ltd failed to make reasonable adjustments and discriminated against him arising from his disability.
Dental nurse's constructive dismissal and discrimination claims rejected by tribunal
A dental nurse who resigned after securing another job failed to prove she was constructively dismissed or that her employer discriminated against her. All claims were dismissed.
Dismissed during long-term sick leave: claims thrown out for missing tribunal deadlines
A production operative with 13 years' service was dismissed for capability due to ill health after a telephone meeting. Most of her claims were struck out as out of time, but one disability discrimination claim will proceed.
Teaching assistant loses disability claim over representation at disciplinary hearing
A teaching assistant with anxiety and depression failed to prove that a council's refusal to let his mother represent him at a disciplinary appeal was a failure to make reasonable adjustments. The tribunal dismissed the claim.