Dismissed for sickness absence: failure to consider written disciplinary process was discriminatory
A support worker with depression and anxiety was unfairly dismissed after her employer failed to consider concluding disciplinary proceedings in writing. The tribunal awarded £14,573.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #disciplinary-process
- #occupational-health
- #written-process-alternative
- #redundancy-risk
- #injury-to-feelings
Key facts
- The claimant was employed as a Therapeutic Community Support Worker from 20 January 2020 until dismissal on 29 August 2021.
- The claimant had a disability (depression and anxiety) which was conceded by the respondent.
- The claimant was dismissed on grounds of ill health due to her ongoing sickness absence.
- The respondent did not consider concluding the disciplinary process in writing as an alternative to dismissal.
- The claimant's dismissal was found to be unfavourable treatment arising from her disability and not objectively justified.
- The claimant was awarded £14,573.31 in total compensation, including £12,000 for injury to feelings.
Timeline
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Employment commenced
Claimant started work as a Therapeutic Community Support Worker.
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Complaint received
Respondent received an email complaint alleging the claimant breached confidentiality.
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First investigation meeting
Claimant was interviewed about the allegations.
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Second investigation meeting
Further interview with the claimant.
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Investigation report produced
Report recommended disciplinary hearing.
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Disciplinary hearing invitation
Claimant invited to disciplinary hearing on 30 November 2020.
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Sickness absence began
Claimant signed off work with stress, low mood, and anxiety.
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Occupational health assessment
Claimant assessed by OH; report highlighted disciplinary process as barrier to return.
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Dismissal
Claimant dismissed on grounds of ill health.
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Appeal dismissed
Appeal against dismissal rejected.
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Redundancy of colleagues
Most staff in claimant's team made redundant due to closure of the home.
The legal issue
The tribunal had to decide whether the claimant's dismissal for ill health was unfavourable treatment because of something arising from her disability (her sickness absence), and if so, whether the employer could justify it as a proportionate means of achieving a legitimate aim.
The outcome
The tribunal upheld the claimant's complaint of discrimination arising from disability under section 15 of the Equality Act 2010.
The key reasons were:
- The claimant's sickness absence arose from her disability (depression and anxiety).
- The respondent dismissed her because of that absence, but did not consider concluding the disciplinary process in writing as an alternative.
- The dismissal was not a proportionate means of achieving a legitimate aim; the respondent could have taken a less discriminatory approach.
Compensation:
- Injury to feelings: £12,000
- Loss of earnings: £852.06
- Interest and other sums: £1,721.25
- Total: £14,573.31
Lessons & takeaways
- Employers should consider all reasonable alternatives to dismissal, such as concluding disciplinary proceedings in writing, before deciding to dismiss an employee on sickness absence.
- A dismissal for sickness absence that is linked to a disability will be discriminatory unless the employer can show it is a proportionate means of achieving a legitimate aim.
- Even employees with less than two years' service can bring a claim for disability discrimination, which has no qualifying service period.
- Occupational health reports should be carefully considered; if they indicate that the disciplinary process is a barrier to return, the employer should address that rather than dismissing.
This case highlights the importance of considering reasonable adjustments before dismissing an employee who is absent due to a disability. The claimant, a Therapeutic Community Support Worker with less than two years' service, was dismissed after a period of sickness absence caused by depression and anxiety. The employer, Sea Sanctuary, had an ongoing disciplinary process against her, but did not consider concluding it in writing as an alternative to dismissal.
What the employer could have done differently
The tribunal found that the respondent could have concluded the disciplinary process in writing, which would have removed a key barrier to the claimant's return to work. Instead, they dismissed her on grounds of ill health without exploring this option. The dismissal was therefore not a proportionate response, and the claimant succeeded in her claim for discrimination arising from disability.
Why this matters for similar claims
This case is a reminder that disability discrimination claims do not require two years' service. Even short-serving employees can bring a claim if their dismissal is linked to their disability. The award of £12,000 for injury to feelings reflects the impact of the discrimination. Employers facing similar situations should carefully consider all alternatives and ensure that any dismissal is objectively justified.
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