Teaching assistant wins harassment claim over error-ridden sickness process
A teaching assistant with 6 years' service was unfairly dismissed on capability grounds, but her harassment claim succeeded after an administrative error triggered a flawed Stage 2 sickness procedure.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #disability-discrimination
- #harassment
- #administrative-error
- #stage-2-procedure
- #face-mask-policy
Key facts
- The claimant was employed as a Teaching Assistant from March 2019 until dismissal on 30 November 2021.
- She had eosinophilic asthma (a disability) and PTSD (not found to be a disability under the Equality Act).
- The claimant did not disclose her disabilities on employment forms or to the head teacher until later.
- A Stage 2 sickness absence meeting was initiated in error due to an administrative mistake on the DigiGOV system.
- The claimant was dismissed on grounds of long-term ill health after stating she could not return while the head teacher remained.
- The harassment claim succeeded because the error-ridden Stage 2 process caused the claimant to feel intimidated.
Timeline
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Conditional offer of employment
Cardiff Council offered the claimant a temporary Teaching Assistant role, subject to medical clearance.
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Pre-work health declaration completed
The claimant declared no disability or impairment on the health questionnaire.
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Mr Fisher appointed Acting Head Teacher
Mr Kim Fisher became Acting Head Teacher at Windsor Clive Primary School.
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Return to work interview after asthma absence
The claimant attended a return to work interview following absences for concussion and asthma.
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Stage 1 absence review meeting
A Stage 1 meeting was held; it was postponed to allow an Occupational Health referral.
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Occupational Health report identifies eosinophilic asthma
The OH report first mentioned the claimant's severe eosinophilic asthma, recommending no yard duties in winter.
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Claimant signed off work due to asthma
The claimant began a period of sickness absence that continued until her dismissal.
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Stage 2 meeting letter sent in error
The claimant received a letter inviting her to a Stage 2 meeting, later acknowledged as an administrative error.
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First contact meeting with Chair of Governors
The claimant disclosed PTSD for the first time during a contact meeting with Ms Humphreys and Ms Walker.
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Dismissal hearing
The Disciplinary and Dismissal Committee decided to dismiss the claimant due to long-term ill health.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed on capability grounds due to long-term sickness, and whether the school's handling of the process amounted to disability discrimination, harassment, or victimisation.
The outcome
The tribunal dismissed the unfair dismissal claim, finding the school acted within the range of reasonable responses. However, the harassment claim succeeded because the Stage 2 sickness meeting was initiated by an administrative error and the process caused the claimant to feel intimidated.
- Unfair dismissal: not well-founded
- Harassment: well-founded (remedy to be determined)
- All other discrimination claims: dismissed
No compensation has been awarded yet; a remedy hearing will be listed.
Lessons & takeaways
- Administrative errors in sickness procedures can form the basis of a harassment claim if they cause the employee to feel intimidated.
- Disability discrimination claims often fail if the employer can show a reasonable process, even if the outcome is harsh.
- Employees should disclose disabilities early to give employers the chance to make adjustments.
- A dismissal based on long-term sickness may be fair if the employer has followed a proper capability process.
The case in practice
This case shows how a seemingly minor administrative error can escalate into a successful harassment claim. The teaching assistant, who had eosinophilic asthma (a disability), was dismissed after a long period of sickness absence. The school initiated a Stage 2 sickness meeting in error due to a mistake on its internal system. The tribunal found that this error, combined with the way the process was handled, made the claimant feel intimidated and amounted to harassment related to her disability.
What the school could have done differently
The school could have avoided the harassment finding by ensuring its sickness procedures were accurate and by addressing the error promptly when it came to light. Instead, the flawed process continued, causing the claimant distress. The tribunal also noted that the claimant had not disclosed her disabilities on her employment forms, which limited the school's ability to make adjustments. However, once the school knew about her asthma, it should have been more careful in its handling of her case.
Why this matters
This case is a reminder that employers must ensure their sickness management processes are fair and accurate. Even if a dismissal is ultimately fair, the way the process is carried out can still give rise to separate claims. For employees, it highlights the importance of disclosing disabilities early, but also that a flawed process can be challenged even if the dismissal itself is upheld.
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