18-year driver dismissed for failing to keep in touch during sick leave: unfair dismissal claim fails but notice pay awarded
A Tesco delivery driver with 18 years' service was dismissed for failing to attend meetings while on sick leave. The tribunal upheld the dismissal as fair but ordered Tesco to pay £1,398.60 in unpaid notice pay.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #failure-to-attend-meetings
- #conduct-dismissal
- #unlawful-deduction-wages
- #notice-pay
Key facts
- Mr Watson was employed as a delivery driver from 14 July 2001 until 7 October 2019.
- He was signed off sick with stress, anxiety and depression from 15 March 2019.
- The respondent attempted numerous times to arrange meetings, which Mr Watson did not attend.
- Mr Watson was dismissed for failing to follow the long-term absence process and keep in touch.
- The respondent admitted it had not paid Mr Watson his notice pay of £1398.60.
Timeline
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Employment started
Mr Watson began working for Tesco Stores Limited.
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Customer complaint
A customer complaint was received about Mr Watson.
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Signed off sick
Mr Watson was signed off work with stress, depression and anxiety.
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Wellness meeting offered
Mr Watson was invited to a wellness meeting but did not attend.
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Dismissal
Mr Watson was dismissed for failure to keep in touch and attend meetings.
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Preliminary hearing on disability
Employment Judge Postle found Mr Watson was not disabled at the material time.
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Full merits hearing (day 1)
Employment Judge Freshwater heard evidence on unfair dismissal and unlawful deduction claims.
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Full merits hearing (day 2)
The hearing concluded with oral submissions.
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Judgment issued
The tribunal found the unfair dismissal claim failed but the unlawful deduction claim succeeded, awarding £1398.60 notice pay.
The legal issue
The tribunal had to decide whether Tesco's decision to dismiss a long-serving driver for failing to attend meetings and keep in touch during long-term sick leave was fair, and whether the company had unlawfully withheld his notice pay.
The outcome
The tribunal dismissed the unfair dismissal claim, finding that Tesco acted within the range of reasonable responses. The driver had been repeatedly invited to meetings and had not engaged with the process.
However, the tribunal upheld the claim for unlawful deduction of wages, ordering Tesco to pay £1,398.60 in notice pay. The breakdown is:
- Notice pay: £1,398.60
- No basic or compensatory award was made for unfair dismissal.
Lessons & takeaways
- Long service does not automatically make a conduct dismissal unfair if the employee fails to engage with the employer's reasonable attempts to communicate.
- Employers should ensure they pay all contractual notice pay even when dismissing for conduct, or risk an unlawful deduction claim.
- Employees on sick leave should maintain contact with their employer and attend reasonable meetings where possible, or risk dismissal for failing to keep in touch.
What this case shows in practice
This case demonstrates that even long-serving employees can be fairly dismissed for failing to keep in touch during sickness absence, provided the employer follows a reasonable process. The driver, who had worked for Tesco for 18 years, was signed off with stress, anxiety and depression from March 2019. Tesco invited him to a wellness meeting in July 2019, but he did not attend. Despite further attempts to arrange contact, the driver remained unresponsive, leading to dismissal in October 2019.
The tribunal accepted that Tesco's decision to dismiss for failure to follow the long-term absence process and keep in touch was within the range of reasonable responses. The driver's length of service did not outweigh his lack of engagement.
What the losing side could have done differently
Tesco's mistake was not paying the driver his contractual notice pay. The company admitted it had not made this payment, and the tribunal ordered it to pay £1,398.60. Employers should remember that withholding notice pay after a conduct dismissal can lead to a separate claim for unlawful deduction of wages, even if the dismissal itself is fair.
For employees, the lesson is clear: ignoring invitations to meetings while on sick leave can be treated as misconduct, and long service alone will not protect against dismissal if you fail to engage.
Why the result matters for similar claims
This case highlights the importance of communication during long-term sickness. Employees who are unwell should still respond to reasonable contact from their employer, even if they cannot attend meetings in person. Employers, meanwhile, must ensure they follow a fair process and pay all sums due, including notice pay, to avoid additional claims.
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