Packer with epilepsy dismissed without a formal meeting: unfair dismissal and disability discrimination
A pot department packer with 11 years' service was dismissed after a seizure at work without a formal meeting. The tribunal found the dismissal unfair and discriminatory, awarding over £15,000 in compensation.
1 min read · Last updated 18 May 2026
Case details
- #epilepsy
- #disability-discrimination
- #s15-equality-act
- #acas-code-uplift
- #polkey-reduction
- #failure-to-mitigate
Key facts
- The claimant was employed as a pot department packer from 1 June 2010 until 28 May 2021.
- The claimant had epilepsy and had seizures at work on multiple occasions, the last on 23 October 2020.
- The respondent dismissed the claimant on grounds of capability and health and safety concerns after receiving medical reports.
- The respondent did not hold a formal meeting with the claimant before dismissal and did not provide him with copies of medical reports or risk assessments.
- The tribunal found the dismissal was procedurally unfair and amounted to discrimination arising from disability.
- The claimant failed to mitigate his loss and did not appeal the dismissal in time.
Timeline
-
Claimant suffered mild stroke
The claimant fell ill at work and was diagnosed with a mild stroke, later developing epilepsy.
-
Last seizure at work
The claimant had a seizure at work; he never returned to work after this date.
-
Risk assessment undertaken
The respondent conducted a risk assessment following the claimant's last seizure.
-
Occupational health appointment
The claimant attended an appointment with the respondent's occupational health doctor.
-
Occupational health report
The OH report stated the claimant had poorly controlled epilepsy and was unfit for work.
-
Meeting to seek GP consent
The respondent met with the claimant to seek consent to obtain a GP report.
-
GP report received
The claimant's GP provided a report advising against working with dangerous machinery.
-
Dismissal letter sent
The respondent wrote to the claimant dismissing him with notice, citing health and safety risks.
-
Claimant's son emailed respondent
The claimant's son sent an email appearing to accept the dismissal, later disputed.
-
Appeal request rejected
The claimant's son sought to appeal out of time; the respondent rejected the appeal.
The legal issue
The tribunal had to decide whether the dismissal was unfair and whether it amounted to discrimination arising from disability under section 15 of the Equality Act 2010, specifically whether the respondent could justify the dismissal on health and safety grounds.
The outcome
The tribunal upheld the claimant's complaints of unfair dismissal and discrimination arising from disability.
Key reasons:
- The respondent failed to hold a formal meeting with the claimant before dismissal.
- They did not provide the claimant with copies of medical reports or risk assessments.
- The dismissal was based on a GP report that the claimant had not seen, and an updated report was not sought.
Compensation breakdown:
- Basic award: £5,758.50
- Loss of statutory rights: £350.00
- ACAS code uplift (25%): £1,527.13
- Injury to feelings: £9,100.00 (reduced by 25% for ACAS breach to £6,825.00)
- Interest: £809.00
- Total: £15,269.63
Lessons & takeaways
- Employers must hold a formal meeting with the employee before dismissing on capability grounds, especially when the employee has a disability.
- Always share relevant medical reports and risk assessments with the employee and give them a chance to respond.
- If an employee offers updated medical evidence, consider it before making a final decision on dismissal.
- Failure to follow the ACAS Code of Practice can lead to an uplift of up to 25% on compensation.
- Employees should appeal a dismissal in time and actively seek work to mitigate their loss, as failure to do so can reduce compensation.
A dismissal that skipped the basics
A pot department packer with 11 years' service was dismissed after a seizure at work, but the employer never held a formal meeting with him. The tribunal found that the process was so flawed that the dismissal was both unfair and discriminatory.
The claimant had epilepsy and suffered a seizure at work in October 2020. He never returned to work. The employer obtained a GP report in May 2021 that advised against working with dangerous machinery. Without meeting the claimant to discuss the report or consider updated medical evidence, the employer sent a dismissal letter citing health and safety risks.
What the employer could have done differently
The tribunal highlighted several missed steps. The employer could have held a proper capability meeting, shared the medical reports with the claimant, and considered an updated occupational health report. Instead, they relied on a GP report that the claimant had not seen and ignored an offer of further evidence. The lack of a formal meeting meant the claimant was not given a chance to respond to the concerns.
Why this case matters
This case shows that even when health and safety is a genuine concern, employers must follow a fair process. Skipping meetings and failing to share information can turn a potentially fair dismissal into an unfair one. The ACAS Code of Practice is not optional—failure to follow it can increase compensation by up to 25%. For employees with disabilities, the duty to make reasonable adjustments and avoid discrimination adds another layer of protection.
Similar cases
Dismissed without a meeting or appeal: a conduct case with big reductions
A former employee of Fairview Grocers Limited was unfairly dismissed without any meeting or right of appeal, but his own conduct led to a 60% cut in compensation. He was awarded £3,752.89 in total.
Parking warden with dyslexia unfairly dismissed over GPS data: tribunal finds discrimination
A civil enforcement officer with severe dyslexia was unfairly dismissed after GPS data appeared to contradict his patrol records. The tribunal found procedural failings and indirect disability discrimination, awarding £17,126.
Faculty manager with 23 years' service unfairly dismissed after redundancy selection tainted by disability bias
A tribunal found that Canterbury Christ Church University unfairly dismissed a faculty manager and discriminated against her because of her disability when it decided she was not appointable to a new role due to her ill health. She was awarded £32,684.
Welder with 20 years' service wins disability discrimination claim but has award reduced for failing to mitigate loss
A welder who resigned after his employer failed to make reasonable adjustments for his heart condition has won his unfair dismissal and disability discrimination claims. The tribunal awarded £42,334 but reduced compensation because he turned down a job offer the day after leaving.