Teaching assistant dismissed after school rejected ill-health retirement on cost grounds
A teaching assistant with 12 years' service was unfairly dismissed after his school rejected his ill-health retirement application because of cost. The tribunal awarded £24,290.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a teaching assistant at a special school for 12 years.
- He had angina, ischemic heart disease, type 2 diabetes, and gastrointestinal problems.
- He was dismissed on 12 January 2018 due to long-term sickness absence.
- The respondent rejected his ill-health retirement application based on cost, not medical criteria.
- The claimant was not given access to the occupational health report supporting his ill-health retirement.
- The appeal process did not consider the ill-health retirement issue.
Timeline
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Sick leave starts
Claimant commenced sick leave with chest pain.
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Brief return to work
Claimant returned but fell ill again almost immediately.
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Heart surgery
Claimant had heart surgery in February 2017.
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Fit note for amended duties
GP advised claimant could return on lighter duties.
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Return to work and toilet incident
Claimant returned to work; used children's toilet due to medication side effects; meeting with Mr Megashi.
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Wife contacts HR
Claimant's wife reported he was not taking medication; HR advised him to see doctor.
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Further sick note
Claimant submitted fit note for two months due to heart and abdominal issues.
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First occupational health report
OH nurse reported claimant unlikely to return unless symptoms improved.
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Formal attendance meeting
Meeting discussed ill-health retirement possibility; plan to return by September.
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Second occupational health report
Dr Ruffles opined claimant not fit for work for foreseeable future; no adjustments possible.
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Decision meeting
Meeting to consider dismissal; ill-health retirement application discussed.
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Dismissal and rejection of ill-health retirement
Claimant dismissed; ill-health retirement rejected on cost grounds.
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Appeal lodged
Claimant appealed both dismissal and ill-health retirement decision.
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Written appeal submissions
Claimant submitted arguments; requested medical evidence but not provided.
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Appeal dismissed
Appeal panel dismissed appeal on capability grounds without considering ill-health retirement.
The legal issue
The tribunal had to decide whether the school acted reasonably in dismissing a long-serving teaching assistant for capability, and whether rejecting his ill-health retirement application on cost grounds amounted to disability discrimination.
The outcome
The tribunal upheld the unfair dismissal claim and the claim of discrimination arising from disability. The claims for failure to make reasonable adjustments and harassment were struck out as out of time.
Key reasons:
- The school rejected the ill-health retirement application based on cost, not medical criteria, which was outside the range of reasonable responses.
- The employee was not given access to the occupational health report that supported his ill-health retirement, and the appeal did not consider the issue.
- The dismissal was therefore procedurally unfair and discriminatory.
Compensation:
- Basic award: £5,022
- Total damages: £24,290 (compensatory award not separately stated)
Lessons & takeaways
- Ill-health retirement decisions should be based on medical criteria, not cost, or the employer risks an unfair dismissal finding.
- Employees should be given access to medical reports that support their ill-health retirement application before a decision is made.
- Appeal processes must consider all grounds raised, including ill-health retirement, or the dismissal may be found procedurally unfair.
- Long-serving employees (12+ years) are entitled to a more thorough process before dismissal for capability.
This case shows what can happen when an employer prioritises cost over medical evidence in a capability dismissal. The teaching assistant had worked at the special school for 12 years and had a range of health conditions including angina and diabetes. After a period of sick leave, he applied for ill-health retirement, supported by an occupational health report. The school rejected the application because of cost, without giving him access to the report or properly considering the medical criteria.
What the school did wrong
The tribunal found that the school's decision to dismiss was based on a flawed process. By rejecting ill-health retirement on cost grounds, the school failed to consider whether the employee could be retired on medical grounds, which would have been a fairer outcome. The school also did not provide the employee with the occupational health report that supported his application, and the appeal panel ignored the ill-health retirement issue entirely. These failures meant the dismissal was both unfair and discriminatory.
What this means for similar claims
For employees in similar situations, this case highlights the importance of proper procedure in capability dismissals. Employers must base ill-health retirement decisions on medical advice, not financial considerations. They must also give employees access to relevant medical reports and ensure appeal processes address all issues raised. The £24,290 award reflects the seriousness of the procedural failings, though the employee's long service and the school's failure to follow its own policies were key factors in the tribunal's decision.
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