Dismissed during long-term sick leave: employer failed to get specialist medical advice
A quality control technologist with back pain and depression was unfairly dismissed after his employer relied on a GP report and failed to obtain occupational health advice. Tribunal awards £129,970.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was absent from work from 6 May 2019 due to back pain and depression, which were accepted as disabilities.
- The respondent did not contact the claimant for five months after his absence began.
- The respondent obtained a GP report but did not obtain an occupational health report, despite the GP report not answering key questions.
- The claimant expressed willingness to return to work with adjustments, such as part-time hours or forklift truck duties.
- The respondent dismissed the claimant on 26 February 2020 without further investigation or consultation.
- The tribunal found the respondent failed to make reasonable adjustments and discriminated against the claimant.
Timeline
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Employment started
Claimant commenced employment as a Quality Control Technologist.
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Absence began
Claimant absent due to back pain; did not return to work.
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Depression diagnosed
Claimant diagnosed with depression.
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First welfare meeting
Brief 10-minute meeting with HR; no discussion of return to work or adjustments.
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GP report provided
Claimant provided GP report confirming back pain and depression.
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Invitation to capability hearing
Claimant invited to final capability hearing despite missing medical evidence.
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Capability hearing
Claimant expressed willingness to return part-time or on forklift; respondent placed onus on claimant to get GP report.
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GP report received
GP report stated lifting, bending, standing, cold could exacerbate back pain; did not answer other questions.
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Dismissal
Respondent dismissed claimant on grounds of ill-health capability.
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Liability hearing
Tribunal heard evidence over four days.
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Liability judgment
Tribunal found unfair dismissal, failure to make reasonable adjustments, and discrimination arising from disability.
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Remedy hearing
Tribunal awarded total compensation of £129,970.01.
The legal issue
The tribunal had to decide whether the employer failed to make reasonable adjustments for the claimant's disability, whether the dismissal was discriminatory and unfair, and what compensation was due.
The outcome
The tribunal upheld all claims: unfair dismissal, failure to make reasonable adjustments, and discrimination arising from disability.
Key reasons:
- The employer did not contact the claimant for five months after his absence began.
- No occupational health report was obtained, despite the GP report being incomplete.
- The claimant was willing to return with adjustments (part-time hours or forklift duties), but these were not explored.
Compensation breakdown:
- Basic award: £776.84
- Compensatory award: £450.00
- Total compensation: £129,970.01 (including other heads of loss not broken down in the facts)
Lessons & takeaways
- If you are on long-term sick leave and have a disability, your employer must consider reasonable adjustments before dismissing you.
- Employers should obtain specialist occupational health advice rather than relying solely on a GP report, especially when the GP report does not answer key questions.
- A long period of silence from your employer can be a sign that they are not fulfilling their duty to make reasonable adjustments.
- Expressing willingness to return with adjustments (e.g., part-time hours or different duties) can strengthen your case that dismissal was premature.
A case of missed opportunities
This case shows what can happen when an employer fails to engage properly with a disabled employee during long-term sickness absence. The claimant, a quality control technologist with two years' service, was absent from May 2019 due to back pain and later depression. Despite knowing about his conditions, Wealmoor Limited did not contact him for five months. When they finally held a welfare meeting, it lasted only ten minutes and did not discuss a return to work or adjustments.
What went wrong
The employer obtained a GP report in December 2019, but it did not answer key questions about the claimant's likely return date or what adjustments might help. Rather than seeking an occupational health report, the employer pressed ahead with a capability hearing. At that hearing, the claimant said he could return part-time or work as a forklift driver, but the employer placed the burden on him to get further medical evidence. When a second GP report arrived, it still did not provide the clarity needed, yet the employer dismissed him anyway.
The tribunal found that the employer had failed to make reasonable adjustments — such as offering part-time hours or forklift duties — and that the dismissal was discriminatory and unfair. The employer could have obtained an occupational health report, which might have provided clear guidance on a return-to-work plan.
Why this matters
For employees, this case highlights the importance of employers taking proactive steps to obtain specialist medical advice and genuinely consider adjustments. For employers, it is a reminder that relying on incomplete GP reports and rushing to dismissal without proper consultation can lead to significant compensation awards. The total of £129,970 reflects the seriousness of the failures, including injury to feelings and loss of earnings.
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