Customer service assistant dismissed on medical grounds without recommended risk assessment
A tribunal has upheld the dismissal of a London Underground customer service assistant with 13 years' service, finding that the employer acted reasonably despite not carrying out a recommended risk assessment before termination.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #occupational-health
- #redeployment
- #risk-assessment
- #past-absence-history
Key facts
- The claimant was employed as a Customer Service Assistant from 30 May 2008 until dismissal on 15 September 2021.
- The claimant had a history of long-term absences due to various health conditions including foot problems, stress, chronic fatigue, and obesity.
- The respondent consulted Occupational Health multiple times and held four case conference meetings with the claimant.
- The claimant was placed on a 12-week redeployment process which was extended but no suitable alternative role was found.
- The latest Occupational Health report recommended a risk assessment before return, but the respondent decided to dismiss without carrying it out.
- The appeal manager upheld the dismissal, citing the claimant's past absence history as an indicator of future attendance.
Timeline
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Employment started
Claimant began employment as Customer Service Assistant (CSA1).
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Previous medical termination
Claimant's employment was terminated on medical grounds but reinstated on appeal.
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Last absence started
Claimant commenced absence for gastric surgery, later extended due to anxiety/depression and PTSD.
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Occupational Health assessment
Dr Phoolchund found claimant temporarily unfit for work due to anxiety/depression and PTSD.
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First case conference
Meeting with Ms Bruce to discuss absence and possible return to work.
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Redeployment process started
Claimant began 12-week redeployment process, later extended.
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Final Occupational Health report
Dr Phoolchund reported claimant fit for CSA1 role subject to a risk assessment, but noted past absence as indicator of future.
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Dismissal meeting
Ms Bruce decided to terminate claimant's employment on medical grounds.
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Appeal hearing
Appeal heard by Mr Adabra, who upheld the dismissal.
The legal issue
The tribunal had to decide whether the employer acted fairly in dismissing an employee for capability (ill-health) when it did not carry out a risk assessment recommended by Occupational Health, and whether the dismissal fell within the range of reasonable responses.
The outcome
The tribunal dismissed the claim for unfair dismissal. It found that the employer had a genuine reason for dismissal (capability due to ill health) and followed a fair procedure overall, including multiple Occupational Health consultations and a redeployment process.
The key reason was that the employer's decision not to carry out the risk assessment was reasonable in the circumstances, given the employee's long absence history and the Occupational Health report's indication that past absence was a predictor of future attendance. The employer had also extended the redeployment process and considered alternative roles.
No compensation was awarded as the claim was unsuccessful.
Lessons & takeaways
- Employers can rely on past absence history as a factor in capability dismissals, even if a risk assessment is recommended but not carried out.
- A thorough process including multiple Occupational Health consultations and a redeployment period can help justify a dismissal as fair.
- Employees with long-term sickness should engage with redeployment processes and provide updated medical evidence to strengthen their position.
- The 'range of reasonable responses' test gives employers some leeway, especially where the employee has a history of absences.
A long-serving employee's dismissal upheld
This case shows how employment tribunals assess whether a capability dismissal for ill-health is fair, even when the employer does not follow every recommendation from Occupational Health. The employee, a customer service assistant with 13 years' service, had been absent since January 2020 with various conditions including anxiety, depression, and PTSD. The employer consulted Occupational Health multiple times and held four case conferences with the employee.
The missing risk assessment
The final Occupational Health report in August 2021 said the employee was fit to return to their role subject to a risk assessment. However, the dismissing manager decided to terminate employment without carrying out that assessment, citing the employee's long absence history as an indicator of future attendance. The tribunal accepted this was a reasonable decision, noting that the employer had already explored redeployment and extended the process.
What this means for similar claims
The tribunal emphasised that the 'range of reasonable responses' test gives employers some discretion. Even though the risk assessment was recommended, the employer had enough evidence from the employee's history and the redeployment outcome to justify dismissal. For employees, this highlights the importance of providing up-to-date medical evidence and engaging actively with any return-to-work or redeployment plans. For employers, it shows that a thorough process—even with some procedural gaps—can still be fair if the overall decision is reasonable.
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