Band 2 health care assistant dismissed after 14 months of sickness absence: dismissal fair
An NHS trust fairly dismissed a health care assistant who had been absent for 14 months with work-related stress, the tribunal has ruled. The trust followed its attendance management policy and offered redeployment.
2 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #depression-anxiety
- #attendance-management-policy
- #redeployment
- #grievance-procedure
- #ill-health-retirement
Key facts
- The claimant was employed as a Band 2 Health Care Assistant in the Emergency Department from 13 May 2013.
- The claimant was absent from work due to work-related stress from 15 February 2016 and commenced long-term sickness absence from 20 October 2016 until dismissal.
- The claimant was dismissed on 21 December 2017 for capability (ill health) after 14 months of continuous absence.
- The claimant was granted tier 1 ill-health retirement by NHS Pensions on 15 August 2018, confirming permanent incapacity for NHS employment.
- The tribunal found that the respondent's attendance management policy was applied proportionately and the dismissal was fair.
- The tribunal rejected all claims of disability discrimination, including indirect discrimination, discrimination arising from disability, and failure to make reasonable adjustments.
Timeline
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Employment commenced
Claimant started as Band 2 Health Care Assistant in Trauma and Orthopaedics.
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Transferred to Emergency Department
Claimant transferred internally to a vacancy in the Emergency Department.
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Informal conversation about anxiety
Claimant told mentor he was under GP care for anxiousness; a temporary move was discussed.
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Sickness absence started
Claimant began a period of sickness absence with work-related stress after an informal meeting.
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Facilitated meeting with line manager
Claimant and Mr Evans agreed to be more forgiving; claimant returned to work on 30 March 2016.
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First written warning for absence
Claimant received a first written warning for sickness absence; he did not appeal.
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Long-term sickness absence began
Claimant commenced continuous sick leave due to anxiety; he never returned to work.
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Grievance raised by union
RCN raised a grievance on claimant's behalf alleging bullying and harassment.
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Grievance outcome
Grievance partially upheld; claimant found not fit to return to work.
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Dismissal
Claimant dismissed for capability (ill health) due to long-term absence.
The legal issue
The tribunal had to decide whether the dismissal for capability (ill health) was fair and whether the trust discriminated against the employee by failing to make reasonable adjustments, indirect disability discrimination, or discrimination arising from disability.
The outcome
The tribunal dismissed all claims, finding that the dismissal was fair and there was no disability discrimination.
- The trust had a genuine reason for dismissal (capability) and acted reasonably by following its attendance management policy, holding regular reviews, considering redeployment, and obtaining occupational health advice.
- The employee's ill-health retirement was granted after dismissal, confirming permanent incapacity, but the tribunal noted the trust could not wait indefinitely for a recovery that was not foreseeable.
- No compensation was awarded as the claims failed.
Lessons & takeaways
- Employers can fairly dismiss for long-term sickness if they follow a proper process, including obtaining medical evidence, considering redeployment, and applying their attendance policy consistently.
- A delay in obtaining an updated medical report is not necessarily unfair if the employer has recent medical advice and the employee's condition is unlikely to improve in the foreseeable future.
- Employees should engage with the employer's redeployment process and provide up-to-date medical evidence if they wish to challenge a capability dismissal.
- Disability discrimination claims based on failure to make reasonable adjustments may fail if the employer has taken reasonable steps, such as offering alternative roles and considering phased returns.
A long absence and a fair process
The case involved a Band 2 health care assistant who had worked in the Emergency Department of University Hospital Southampton NHS Foundation Trust since 2013. After a period of work-related stress, he went on long-term sick leave in October 2016 and never returned. The trust dismissed him in December 2017 after 14 months of continuous absence.
The trust had followed its attendance management policy, holding regular review meetings and obtaining occupational health advice. It also explored redeployment opportunities, but the employee was not considered suitable for any available roles. The tribunal noted that the trust had a genuine concern about the employee's ability to return to work in the foreseeable future, especially given that he had been absent for over a year and medical reports indicated a guarded prognosis.
What the trust did right
The tribunal found that the trust acted reasonably. It had a clear policy, applied it consistently, and considered alternatives to dismissal. The employee was offered a phased return and adjustments, but his anxiety prevented him from engaging. The trust also obtained a medical report from the employee's GP, which stated he was not fit for work and that a return was unlikely in the next six to twelve months. Although the employee later obtained a more optimistic report from his psychiatrist, the trust was entitled to rely on the GP's report as it was the most recent at the time of dismissal.
Why the discrimination claims failed
The employee also claimed disability discrimination, arguing that the trust failed to make reasonable adjustments and discriminated against him because of his disability. The tribunal rejected these claims. It found that the trust had made reasonable adjustments, such as offering a phased return and considering redeployment. The trust's decision to dismiss was not because of his disability but because of his long-term absence, which was a proportionate means of achieving a legitimate aim (managing attendance).
Key takeaway for similar cases
This case shows that employers can fairly dismiss employees on long-term sick leave if they follow a proper process and consider all options. Employees should be aware that the length of absence is a key factor – the longer the absence, the more likely a dismissal will be fair, provided the employer acts reasonably. It also highlights the importance of providing up-to-date medical evidence and engaging with the employer's efforts to find alternative work.
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