GP with 16 years' service wins disability harassment claim over sickness review invitation
A GP who was invited to a final sickness review meeting after shielding during the pandemic has won her claim of disability discrimination and harassment. The tribunal found the invitation was discriminatory, but dismissed her constructive dismissal claim.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #harassment
- #constructive-dismissal
- #unfair-dismissal
- #breach-of-contract
- #covid-19
- #clinically-extremely-vulnerable
Key facts
- The claimant was a GP employed by the respondent from 6 June 2005 until her resignation on 2 June 2021.
- She had a rheumatic condition and chronic inflammatory arthritis, making her a disabled person.
- She was clinically extremely vulnerable due to immunosuppressant medication and shielded during the pandemic.
- The respondent invited her to a final stage sickness review meeting on 19 October 2020, which was outside its own procedures.
- The tribunal found that invitation amounted to discrimination arising from disability and disability-related harassment.
- All other claims of disability discrimination, victimisation, unfair dismissal, and breach of contract were dismissed.
Timeline
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Employment commenced
Claimant started working for the respondent as a GP in the out-of-hours service.
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Diagnosed with rheumatic condition
Claimant was diagnosed with a rheumatic condition and later chronic inflammatory arthritis.
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Individual risk assessment
Mrs Reid conducted a remote risk assessment with the claimant regarding her return to work.
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Supermarket comment
Mrs Reid told the claimant that Dr Shepherd said she was no more at risk of catching Covid at work than at a supermarket.
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Pay protection issue raised
Claimant was wrongly advised her pay would be reduced if she continued telephone triage work.
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Return to face-to-face work
Claimant returned to overnight shifts at Northallerton after pay concerns.
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Pay protection resolved
Respondent confirmed claimant would receive overnight rate for telephone triage work for 6 months.
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Last night shift
Claimant worked her final overnight shift and was deeply shaken after a close contact with a possible Covid patient.
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Claimant requested ill-health retirement
Claimant emailed stating she was no longer fit to perform her role and wished to apply for ill-health retirement.
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Invitation to final sickness review
Respondent invited claimant to a final stage sickness absence review meeting, which the tribunal later found discriminatory.
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Claimant raised formal grievance
Claimant's solicitors sent a grievance letter raising multiple complaints about her treatment.
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Claimant resigned
Claimant resigned with immediate effect, citing loss of trust and confidence.
The legal issue
The tribunal had to decide whether the invitation to a final sickness review meeting was unfavourable treatment because of something arising from the GP's disability, and whether it amounted to harassment related to disability.
The outcome
The tribunal upheld the GP's claim of disability discrimination and harassment in relation to the invitation to a final stage sickness review meeting on 19 October 2020. However, all other claims—including constructive unfair dismissal, breach of contract, victimisation, and other disability discrimination complaints—were dismissed.
No compensation was awarded at this stage; the remedy will be determined at a separate hearing.
Lessons & takeaways
- Employers must follow their own sickness absence procedures and consider whether the employee's disability is a factor before issuing formal warnings or review meetings.
- A single act, such as an inappropriate meeting invitation, can amount to disability discrimination and harassment even if other claims fail.
- Clinically extremely vulnerable employees who raise concerns about workplace safety should be treated sensitively, not penalised for their disability-related absence.
- Length of service and a previously unblemished record do not automatically protect against discrimination if the employer fails to make reasonable adjustments.
What this case shows in practice
This case highlights how even a single procedural misstep can amount to disability discrimination. The GP, who had worked for the NHS Trust for 16 years, was clinically extremely vulnerable due to immunosuppressant medication. After a difficult shift where she feared she had been exposed to COVID-19, she requested ill-health retirement. Instead of supporting her, the Trust invited her to a final stage sickness review meeting—a step that was outside its own procedures and failed to account for her disability.
The tribunal found that the invitation was unfavourable treatment because of something arising from her disability (her sickness absence) and that it amounted to harassment. The Trust could have avoided this by pausing the process, seeking medical advice, or simply following its own policies.
What the losing side could have done differently
The Trust's main error was rushing to a formal process without considering the GP's disability. A reasonable employer would have waited for updated medical evidence, offered support, and followed its own sickness policy. Instead, the invitation to a final review meeting was seen as a punitive step, not a supportive one.
Why the result matters for similar claims
This case is a reminder that discrimination claims can succeed even where a constructive dismissal claim fails. The GP was not unfairly dismissed—the tribunal found she resigned for reasons that did not amount to a fundamental breach of contract—but the Trust was still liable for the discriminatory act. Employees in similar situations should know that a single discriminatory decision can be challenged, even if other aspects of their case are not upheld.
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