Dismissed after work accident: Home Office failed to consider its own negligence rules
An administration officer with 16 years' service was unfairly dismissed by the Home Office after developing Charcot foot from a workplace trip. The tribunal found the department ignored its own code on injuries caused by Crown negligence.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #accident-at-work
- #civil-service-code
- #negligence-of-crown
- #charcot-foot
- #disability-discrimination
Key facts
- The claimant had an accident at work on 29 March 2017, catching his foot on loose wires and falling, resulting in a head injury.
- The claimant developed Charcot foot in his left foot, which was causally linked to the accident by medical opinion.
- The claimant was absent from work from August 2017 until his dismissal on 18 December 2018.
- The respondent accepted liability for the accident subject to causation, and later the injury benefit application was successful.
- The respondent dismissed the claimant for capability (ill health) after 17 months of absence.
- The tribunal found the dismissal was unfair because the respondent failed to consider the effect of the Civil Service Management Code section 9.6.2 regarding negligence of the Crown.
Timeline
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Employment commenced
The claimant started working for the Home Office as an administration officer.
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Accident at work
The claimant tripped on loose wires under his desk, fell, and banged his head.
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Absence began
The claimant's continuous absence from work started, initially due to foot problems.
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Pay reduced to half pay
The claimant's pay was reduced to half pay due to long-term sickness.
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Pay reduced to nil pay
The claimant's pay was reduced to nil pay.
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Liability accepted
The respondent's insurers accepted liability for the accident, subject to proof of causation.
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OH report suggested phased return
Occupational Health recommended a phased return to work with adjustments, but the claimant's condition deteriorated the same day.
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Dismissal meeting
The claimant was dismissed for capability (ill health) after 17 months of absence.
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Appeal dismissed
The claimant's appeal against dismissal was rejected by Ms Honeyman.
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Injury benefit approved
The claimant's application for injury benefit was successful, confirming a causal link between the accident and absence.
The legal issue
The tribunal had to decide whether the Home Office's dismissal of a long-serving employee for capability (ill health) was unfair, and whether it discriminated against him by dismissing him without considering that his absence was caused by an accident at work for which the Crown was negligent.
The outcome
The tribunal found the dismissal unfair and that the Home Office had discriminated against the claimant arising from disability. The claim for failure to make reasonable adjustments was dismissed.
Key reasons:
- The Home Office did not consider the effect of the Civil Service Management Code section 9.6.2, which requires special treatment when absence is due to the Crown's negligence.
- The accident at work was causally linked to the claimant's condition (Charcot foot), and the Home Office's insurers had accepted liability.
- The tribunal found that the dismissal was a disproportionate response and that the employer failed to make reasonable adjustments.
No compensation figures were recorded in the judgment.
Lessons & takeaways
- If your absence is caused by a workplace accident, check whether your employer has special policies for injuries due to employer negligence — these can affect sick pay and dismissal procedures.
- Long-serving employees (16+ years) are entitled to a thorough process before dismissal for capability — a failure to follow internal codes will likely make a dismissal unfair.
- Employers must consider all relevant policies, including those about Crown or employer negligence, when deciding to dismiss for ill health.
- A successful injury benefit claim can be strong evidence that a workplace accident caused your condition, which employers should factor into capability decisions.
A workplace accident that changed everything
In March 2017, an administration officer at the Home Office tripped on loose wires under his desk, falling and banging his head. The accident led to a rare condition called Charcot foot in his left foot, causing him to be absent from work from August 2017. Despite 16 years of service, the Home Office dismissed him in December 2018 after 17 months of absence, citing capability (ill health).
What the Home Office got wrong
The tribunal found that the Home Office failed to apply its own Civil Service Management Code, specifically section 9.6.2. This provision requires special treatment when an employee's absence is due to an injury caused by the Crown's negligence. The Home Office's insurers had already accepted liability for the accident, and the claimant's injury benefit application was later approved. Yet the dismissing managers did not consider this code at all. The tribunal said this put the dismissal outside the range of reasonable responses, making it unfair. It also found the dismissal amounted to discrimination arising from disability.
What this means for similar cases
This case shows that employers cannot ignore their own policies, especially when they have contributed to the employee's condition. For anyone in a similar situation — particularly in the civil service or large organisations with detailed absence policies — it is crucial to highlight any relevant codes or rules early in the process. The fact that the claimant had 16 years of service also weighed heavily: long-serving employees are entitled to a more thorough process. The Home Office could have avoided this outcome by properly considering the negligence angle and exploring adjustments or phased return options before resorting to dismissal.
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