Dismissed for poor performance: failure to hold appeal made it unfair
A trainee biomedical scientist with 12 years' service was unfairly dismissed after the NHS Trust failed to fix an appeal hearing, despite knowing she was seriously ill. The tribunal awarded £17,771.29.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #disability-discrimination
- #failure-to-hold-appeal
- #performance-management
- #patient-safety
Key facts
- RK worked as a Trainee Biomedical Scientist from 15 September 2003 until dismissal on 7 August 2015.
- RK had persistent performance issues, including labelling errors that risked patient safety.
- The NHS Trust did not know and could not reasonably have known that RK was disabled at the time of dismissal.
- By the time of the appeal, it was clear RK was seriously ill and hospitalised, but the appeal hearing was never fixed.
- The failure to fix the appeal hearing made the dismissal unfair and constituted disability discrimination.
- The tribunal found that even with a fair appeal, RK would have been dismissed due to incapability.
Timeline
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Employment started
RK started work as a Trainee Biomedical Scientist at the NHS Trust.
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Degree completed
RK obtained a 2.2 honours degree in biomedical science after 5 years.
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First performance concerns
Manager Vijay met with RK to discuss serious concerns about her work quality.
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Sickness absence began
RK went off work due to ill health.
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Phased return agreed
RK returned to work with a phased plan and agreed to transfer to Hammersmith Hospital to complete her portfolio.
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Occupational Health report
Dr Khan reported no obvious medical issue and suggested managing performance non-medically.
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Dismissal decision
A performance management hearing decided to dismiss RK due to unsatisfactory performance.
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Appeal requested
RK sent a handwritten letter requesting an appeal against dismissal.
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Informal meeting with family
RK's family met with Charlotte; no formal appeal hearing was fixed.
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Appeal not fixed
Stephen wrote to RK's brother but did not fix an appeal hearing.
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Remedy judgment
The tribunal awarded compensation of £17,771.29 for unfair dismissal and injury to feelings.
The legal issue
The tribunal had to decide whether the dismissal was unfair and whether the failure to hold an appeal hearing discriminated against the employee because of something arising from her disability.
The outcome
The tribunal found that the employee was unfairly dismissed and subjected to disability discrimination when the Trust failed to fix an appeal hearing after she became seriously ill. However, the tribunal also concluded that even with a fair appeal, she would have been dismissed due to her incapability.
Compensation:
- Basic award: £4,512.50
- Injury to feelings: not specified separately
- Total: £17,771.29
Lessons & takeaways
- Employers must ensure that appeal hearings are held promptly, especially when the employee is known to be seriously ill.
- Failing to fix an appeal can turn an otherwise fair dismissal into an unfair one and may also amount to disability discrimination.
- Long-serving employees are entitled to a proper process; even if dismissal is inevitable, procedural flaws can lead to compensation.
- If an employee becomes ill after dismissal, the employer should still make reasonable adjustments to the appeal process.
A dismissal that went wrong at the last hurdle
This case shows how a failure to follow through on an appeal can unravel an otherwise defensible dismissal. The employee, a trainee biomedical scientist with 12 years' service, was dismissed for persistent performance issues that risked patient safety. The Trust had good reasons to end her employment, but the process broke down when it came to the appeal.
What the Trust could have done differently
After the dismissal decision, the employee became seriously ill and was hospitalised. The Trust knew this but simply did not fix an appeal hearing. An informal meeting with her family was not enough. If the Trust had arranged a proper appeal, even if it ultimately confirmed the dismissal, the outcome might have been different. The tribunal found that the failure to hold the appeal made the dismissal unfair and also amounted to discrimination because of something arising from her disability.
Why this matters
For employees, this case is a reminder that procedural rights matter. Even where performance is genuinely poor, the employer must follow through on every step, including appeals. For employers, it shows that ignoring an appeal, particularly when the employee is vulnerable, can lead to significant compensation. The total award of £17,771.29 reflects the basic award and injury to feelings, but the real cost is the reputational damage and the lesson that process must be completed properly.
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