Dismissed hours after requesting reasonable adjustments: a stark warning for employers
A sales assistant with 9 years' service was dismissed on the spot after asking for a chair and reduced hours due to a cycling injury. The tribunal awarded £47,886 for unfair dismissal and disability discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant sustained a tibial plateau fracture in a cycling accident on 21 January 2020.
- She developed chronic regional pain syndrome causing extreme pain on standing/walking.
- She returned to work on 6 July 2020 with a phased return and reduced hours.
- On 24-25 July 2020 she requested reasonable adjustments via WhatsApp, including reduced hours and a chair.
- She was dismissed on 25 July 2020, hours after clarifying her adjustment requests.
- The respondent did not hold any meeting to consider her requests before dismissing her.
Timeline
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Employment started
Claimant began working as a sales assistant at the respondent's Bristol store.
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Accident
Claimant was run over while cycling, sustaining a tibial plateau fracture requiring surgery.
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Furloughed
Claimant was placed on furlough due to the pandemic.
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Return to work discussion
Mr Smith asked claimant to work Wednesdays and Sundays; claimant objected.
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Returned to work
Claimant started a phased return with reduced hours.
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Agreed adjustments
Claimant requested and was allowed reduced hours and a chair as needed.
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GP fit note
GP issued fit note recommending phased return, altered hours, and workplace adaptations.
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Sent fit note to employer
Claimant WhatsApp'd the fit note to Mr Smith and requested adjustments.
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Dismissed
Claimant clarified her adjustment requests; Mr Smith dismissed her on the spot.
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Liability judgment
Tribunal found unfair dismissal, victimisation, failure to make reasonable adjustments, and discrimination arising from disability.
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Remedy judgment
Tribunal awarded £47,886.49 in compensation.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether the respondent discriminated against her by failing to make reasonable adjustments, dismissing her because of something arising from her disability, and victimising her for requesting adjustments.
The outcome
The tribunal found that the claimant was unfairly dismissed and that the respondent had victimised her, failed to make reasonable adjustments, and discriminated against her because of something arising from her disability.
The key reason was that the respondent dismissed the claimant on the spot, without any meeting or consideration of her adjustment requests, just hours after she clarified them. The tribunal rejected the respondent's argument that the dismissal was for 'some other substantial reason' (SOSR) and found no Polkey reduction, meaning the dismissal was entirely procedurally and substantively unfair.
Compensation:
- Basic award: £4,423.10
- Compensatory award: £43,463.39
- Total: £47,886.49
Lessons & takeaways
- If you have a disability, you are protected from discrimination and have the right to request reasonable adjustments — your employer must consider them properly.
- Dismissing an employee without any meeting or investigation into their needs is likely to be found unfair and discriminatory.
- Employers should never treat a request for adjustments as a threat or reason to dismiss — doing so can amount to victimisation.
- Even if an employer believes there is a 'some other substantial reason' to dismiss, they must follow a fair procedure and consider alternatives.
What this case shows in practice
A sales assistant with nine years' service suffered a serious cycling accident that left her with chronic pain. After a phased return to work, she asked for a chair and reduced hours as reasonable adjustments. Hours later, her manager dismissed her on the spot — without a meeting, without considering her requests, and without any warning.
The tribunal found this was not just unfair dismissal but also victimisation, failure to make reasonable adjustments, and discrimination arising from disability. The claimant had simply asked for what she was legally entitled to, and the employer's response was to fire her.
What the employer could have done differently
The respondent could have held a meeting to discuss the adjustments, obtained medical evidence, and considered whether the requests were reasonable. Instead, they acted impulsively, treating the request as a problem to be removed rather than a legal obligation to be met. The tribunal noted that the claimant's GP had recommended exactly the adjustments she requested, and the employer had previously agreed to them informally.
Why this result matters
This case is a stark reminder that the duty to make reasonable adjustments is not optional. Employers must engage with disabled employees in good faith, consider their requests, and only dismiss as a last resort after a fair process. The award of nearly £48,000 reflects the seriousness of the failures — including injury to feelings and loss of earnings. For employees, it shows that the law protects those who speak up about their needs, even if the employer reacts badly.
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