Linen porter dismissed after 14 months' sickness: capability dismissal upheld

A long absence with no end in sight

This case illustrates the difficult balance employers must strike when an employee is off sick long-term. The claimant, a linen porter with 8 years' service, had been absent since July 2019 with severe back pain caused by a lipoma. His surgery was delayed by the COVID-19 pandemic, and by September 2020 — 14 months later — no date had been set. The employer decided to dismiss for capability.

The tribunal accepted that the respondent had acted reasonably. It had obtained occupational health advice, held regular meetings, considered alternative roles (such as a service clerk), and explored adjustments. None were feasible: the claimant could only return on amended duties, and no such duties were available. The tribunal noted that the employer had waited longer than many would have before dismissing.

What the employer did right

The respondent's process was thorough. It held a formal capability meeting, gave the claimant an opportunity to suggest alternatives, and heard an appeal. The tribunal found no procedural unfairness. The claimant argued that a welfare letter had been sent to an old address, but this was a minor error that did not undermine the overall fairness. The key point was that the employer had a genuine belief in the claimant's incapability, based on medical evidence, and that belief was reasonable.

Why the discrimination claim failed

The claimant also alleged disability discrimination, arguing that the respondent failed to make reasonable adjustments. The tribunal rejected this. The respondent had considered adjustments but none would have enabled the claimant to do his job. The duty to make reasonable adjustments does not require an employer to create a new role or to keep a job open indefinitely when there is no prospect of return. The tribunal emphasised that the claimant's disability was not the reason for dismissal — the reason was his inability to perform his role.

What this means for similar cases

For employees, this case is a reminder that long-term sickness absence can lead to fair dismissal if the employer follows a proper process and no suitable alternative work is available. For employers, it shows that waiting 14 months and exploring all options will usually be seen as reasonable. But each case turns on its facts: a shorter period of service, a clearer return date, or a failure to consult could easily tip the balance the other way.