Dismissed after seven weeks of sick leave: small employer's decision upheld
A senior production manager who was dismissed after seven weeks of sickness absence lost her unfair dismissal claim. The tribunal found the small fashion retailer acted reasonably given her lack of engagement.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #failure-to-engage
- #small-employer
- #sickness-absence-procedure
- #grievance-process
Key facts
- The claimant was employed from 19 March 2018 until dismissal on 16 September 2022.
- She was absent from work from 27 July 2022 due to work-related stress and anxiety.
- The respondent attempted to engage with her via emails, meetings, and requests for medical reports, but she did not attend meetings or provide substantive responses.
- The claimant submitted a grievance about feeling undermined but did not attend the grievance hearing.
- The respondent dismissed her after seven weeks of absence, citing inability to support an open-ended absence and lack of engagement.
- The tribunal found the dismissal fell within the band of reasonable responses for a small employer.
Timeline
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Employment start
Claimant began employment as Production Manager.
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Title changes
Claimant's title changed to Senior Production Manager; Ms Sciacca became Junior Production Manager.
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Promotion of colleague
Ms Butler promoted to Head of Product, overseeing production, which claimant felt sidelined her.
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Concerns raised about claimant
Ms Butler reported claimant was detached and negative; Ms Noble scheduled a catch-up.
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Catch-up meeting
Claimant said she was happy; no major concerns noted.
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Alleged hostile argument
Ms Butler reported claimant argued aggressively with a colleague.
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Meeting invitation
Claimant invited to off-site meeting on 28 July to discuss production issues.
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Claimant off sick
Claimant reported ill and did not attend work.
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Grievance submitted
Claimant submitted formal grievance about Ms Butler's treatment.
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Fit note provided
GP fit note for work-related anxiety, signing off for two weeks.
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Grievance outcome
Grievance not upheld; respondent invited claimant to disciplinary process.
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Sickness review invitation
Claimant invited to sickness absence review meeting on 14 September.
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Grievance appeal
Claimant appealed grievance outcome.
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Missed meetings
Claimant did not attend grievance appeal or sickness review; did not respond to requests.
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Dismissal
Claimant dismissed with pay in lieu of notice for capability/conduct reasons.
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Appeal against dismissal
Claimant appealed but stated she did not want reinstatement.
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Appeal hearing
Appeal heard by external HR consultant; claimant declined postponement to bring companion.
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Appeal outcome
Dismissal upheld.
The legal issue
The tribunal had to decide whether the dismissal for capability (ill health) and conduct (failure to engage) was fair under section 98(4) of the Employment Rights Act 1996, taking into account the size and resources of the employer.
The outcome
The tribunal dismissed the claim, finding that Sophia Webster Limited acted within the band of reasonable responses.
The key reasons were:
- The claimant had been absent for only seven weeks, but she did not engage with the employer's attempts to discuss her return or obtain medical evidence.
- The employer was a small business with limited resources to manage long-term absence.
- The claimant had also failed to attend her own grievance hearing, which the tribunal considered relevant to the reasonableness of the dismissal.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Even a short period of sickness absence can lead to a fair dismissal if the employee does not engage with the employer's reasonable requests for information.
- Small employers may be judged by a less demanding standard than large ones when it comes to managing absence.
- Failing to attend meetings or respond to correspondence can undermine a later claim of unfair dismissal.
- Submitting a grievance does not automatically protect an employee from dismissal if they do not participate in the process.
When short-term absence leads to dismissal
This case shows that even a relatively short period of sickness absence can result in a fair dismissal if the employee fails to engage with the employer. The claimant, a senior production manager with four years' service, was off work for just seven weeks with work-related stress. During that time, her employer, Sophia Webster Limited, a small fashion retailer with around 45 staff, tried repeatedly to contact her, request medical reports, and arrange meetings. The claimant did not attend any of these meetings or provide substantive responses.
What the employer did right
The tribunal noted that the employer had a genuine concern about the claimant's ability to return to work and the impact of her absence on the business. They had offered to meet her, sought medical evidence, and even arranged a grievance hearing, which the claimant also failed to attend. The tribunal accepted that the employer's decision to dismiss fell within the 'band of reasonable responses' – the legal test for fairness – particularly given the company's small size and informal culture.
Why the result matters
This decision highlights that the duty on employers to explore alternatives before dismissing is not unlimited. Where an employee is uncooperative, a small employer may be justified in moving to dismissal more quickly than a large one. For employees, the lesson is clear: engaging with your employer's attempts to manage your absence is crucial, even if you feel unwell or aggrieved. Ignoring correspondence or failing to attend meetings can seriously weaken any subsequent claim for unfair dismissal.
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