Warehouse agent dismissed while still on sick leave: lack of communication made dismissal unfair

What this case shows in practice

This case highlights the importance of clear communication and timing in capability dismissals. The claimant, a part-time warehouse agent, had been off work with asthma since February 2020. Her employer offered her an office-based role but did not tell her that training would be provided. She declined the role because she thought she would not be able to do it without training. The employer then dismissed her on 15 August 2020, while she was still certified unfit until 7 September 2020.

The tribunal found that the dismissal was unfair because it was premature and the employer failed to communicate key information. The employer could have waited until the claimant was fit to attend work or at least clarified that training was available. This failure to communicate meant the dismissal fell outside the range of reasonable responses.

What the losing side could have done differently

The employer could have avoided the unfair dismissal finding by simply waiting until the claimant's fit note expired before making a final decision. They could also have explicitly stated in writing that training would be provided for the office-based role. A more thorough exploration of alternatives, including a phased return, would have strengthened their case.

Why the result matters for similar claims

This case is a reminder that even when an employer has a potentially fair reason for dismissal, the process must be fair. Premature dismissal and poor communication can render an otherwise reasonable decision unfair. However, the failure of the disability discrimination claim shows that employers are not liable for adjustments if they do not know – and could not reasonably know – that an employee is disabled. Employees should ensure they provide clear medical evidence to establish disability status if they wish to rely on the Equality Act.