DWP employee with ME dismissed unfairly after 17 years
A DWP employee with ME who worked reduced hours for years was unfairly dismissed and discriminated against. Tribunal awards £47,087.46 and recommends a positive reference.
2 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #myalgic-encephalomyelitis
- #reasonable-adjustments
- #disability-discrimination
- #injury-to-feelings
- #re-engagement-denied
Key facts
- The claimant worked for the DWP for over 17 years and had ME (chronic fatigue syndrome).
- From 2013 she worked 8 hours per week with reasonable adjustments.
- In November 2018 her reasonable adjustments were removed, leading to sick leave.
- She was dismissed on 13 March 2019 on capability grounds due to ill health.
- The tribunal found the respondent failed to make reasonable adjustments and discriminated against her.
- The dismissal was unfair both substantively and procedurally.
Timeline
-
Started employment
Claimant began working for the DWP.
-
Diagnosed with ME
Diagnosed with Myalgic Encephalomyelitis (Chronic Fatigue Syndrome).
-
Reduced hours
Reduced working hours to 8 per week due to ME.
-
Reasonable adjustments
Adjustments put in place: working upstairs, avoiding face-to-face contact.
-
Training issues begin
Claimant unable to train on Universal Credit due to limited hours; respondent failed to find alternative role.
-
Adjustments removed
Reasonable adjustments withdrawn; claimant required to work downstairs.
-
Sick leave
Claimant went off sick with ME crash and panic attacks.
-
Dismissal
Claimant dismissed on capability grounds due to ill health.
-
Claim presented
Claimant presented claim to employment tribunal.
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Liability hearing
Tribunal found discrimination and unfair dismissal.
-
Remedy hearing
Remedy hearing held to determine compensation.
-
Remedy judgment
Tribunal awarded £47,087.46 and recommended a positive reference.
The legal issue
The tribunal had to decide whether the Department for Work and Pensions failed to make reasonable adjustments for a disabled employee with ME, discriminated against her because of her disability, and unfairly dismissed her on capability grounds.
The outcome
The tribunal ruled in favour of the employee on all claims: failure to make reasonable adjustments, discrimination arising from disability, and unfair dismissal.
Key reasons:
- The DWP removed long-standing reasonable adjustments without proper consultation, causing the employee to go off sick.
- The dismissal was both substantively and procedurally unfair.
Compensation breakdown:
- Basic award: £1,776.72
- Injury to feelings: £21,500
- Interest on injury to feelings: £5,357.87
- Immediate financial losses: £8,012.49
- Interest on immediate financial losses: £1,214.38
- Future financial losses: £7,046.00
- Bookkeeping fees: £1,680.00
- Loss of statutory rights: £500.00
- Total: £47,087.46
Lessons & takeaways
- Employers must not remove reasonable adjustments without a proper process and consultation, especially for long-serving disabled employees.
- A dismissal on capability grounds can be unfair if the employer fails to consider alternative roles or updated medical evidence.
- Employees with disabilities should document all requests for adjustments and any changes to their working conditions.
- Tribunals can order a positive reference as a remedy to mitigate the impact of a discriminatory dismissal.
A long-serving employee let down by her employer
This case shows how a well-intentioned but poorly handled capability process can lead to a finding of unfair dismissal and disability discrimination. The employee had worked for the DWP for 17 years, and for the last five of those years she had been supported by reasonable adjustments that allowed her to work just eight hours a week due to her ME (chronic fatigue syndrome). When those adjustments were suddenly removed in November 2018, she was unable to cope and went on sick leave. Four months later, she was dismissed.
The tribunal found that the DWP had not only failed to make reasonable adjustments but had also discriminated against her because of her disability. The dismissal was unfair both because the decision was substantively wrong – the employer had not properly considered whether she could still do her job with adjustments – and because the process was flawed. The DWP did not explore alternative roles or seek updated medical evidence before deciding to dismiss.
What the employer could have done differently
The DWP could have avoided this outcome by consulting with the employee before removing her adjustments, considering whether alternative adjustments could be put in place, and exploring redeployment to a suitable role. Instead, they acted abruptly and without proper regard for her disability. The tribunal noted that the employee had a long unblemished service record and that her condition was stable under the previous adjustments.
Why this matters
This case is a reminder that employers must treat disabled employees individually and not assume that a period of sickness absence automatically justifies dismissal. It also highlights that reasonable adjustments are not a one-off exercise – they must be reviewed and changed only after proper consultation. The award of £47,087.46, including £21,500 for injury to feelings, reflects the serious impact of the discrimination and unfair dismissal on the employee. The tribunal also recommended that the DWP provide a positive reference that does not mention her attendance record, to help her find new work.
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