Dismissed during long-term sick leave: BT failed to get up-to-date medical advice
A programmer with 17 years' service was unfairly dismissed by BT after the company relied on a six-month-old medical report and ignored an offer of updated evidence. The tribunal awarded £46,939.95.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #disability-discrimination
- #failure-to-make-reasonable-adjustments
- #s15-discrimination-arising-from-disability
- #unfair-dismissal
- #absence-policy
- #working-from-home
Key facts
- The claimant had a neck and shoulder injury from a 2009 road traffic accident, which was found to be a disability.
- The claimant had worked from home three days a week since July 2014 to manage his pain, but this adjustment was removed in December 2016.
- The claimant went on sick leave from 9 March 2017 due to stress, anxiety, and pain, and did not return.
- The respondent dismissed the claimant on 4 August 2017 for unsatisfactory attendance without obtaining up-to-date medical advice.
- The tribunal found the dismissal was unfair and that the respondent failed to make reasonable adjustments and discriminated against the claimant because of something arising from his disability.
- The claimant was awarded a total of £46,939.95 in compensation.
Timeline
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Road traffic accident
The claimant suffered neck and shoulder injuries in a road traffic accident.
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Home working adjustment began
The claimant started working from home three days a week to manage his neck and shoulder pain.
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New manager took over
Mr Brown became the claimant's line manager's manager and changed the claimant's role.
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Home working adjustment removed
The respondent required the claimant to work in the office five days a week, removing the home working adjustment.
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Occupational health referral
OH recommended allowing the claimant to work from home some days and a stress risk assessment.
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Claimant went on sick leave
The claimant began a period of sickness absence due to stress, anxiety, and pain.
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Final resolution meeting
Mr Brown held a meeting where the claimant offered to return to work in six days.
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Dismissal decision
The claimant was dismissed for unsatisfactory attendance, effective 27 October 2017.
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Employment ended
The claimant's employment with the respondent terminated.
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Liability hearing
The tribunal heard evidence and found the claimant was unfairly dismissed and discriminated against.
The legal issue
The tribunal had to decide whether the dismissal was unfair and whether the employer discriminated by dismissing the claimant because of his disability-related absence and by failing to make reasonable adjustments, including continuing home working.
The outcome
The tribunal upheld the claimant's claims of unfair dismissal and disability discrimination.
The key reasons were:
- The employer dismissed the claimant for unsatisfactory attendance without seeking up-to-date medical evidence, despite the claimant offering an updated report.
- The employer failed to make reasonable adjustments by removing the home-working arrangement that had helped manage the claimant's pain, and by not allowing more time for recovery before dismissal.
- The dismissal was unfavourable treatment arising from the claimant's disability (his absence), and the employer could not justify it.
Compensation:
- Total award: £46,939.95
- Basic award: £8,075.00
- Compensatory award: £38,864.95 (including loss of earnings and injury to feelings)
Lessons & takeaways
- Employers must obtain up-to-date medical evidence before dismissing on capability grounds, especially when the employee offers an updated report.
- Removing a long-standing reasonable adjustment (like home working) without proper justification can be a breach of the duty to make reasonable adjustments.
- Long-serving employees are entitled to a more thorough process; failing to follow internal policies or the ACAS code can strengthen an unfair dismissal claim.
- Discrimination arising from disability claims can succeed even if the employer did not intend to discriminate, if the treatment is not objectively justified.
What this case shows in practice
This case illustrates how a long-serving employee with a disability can be unfairly dismissed when an employer rushes to a decision without proper medical evidence. The claimant, a programmer with 17 years' service, had a neck and shoulder injury from a road traffic accident. For years, he managed his pain by working from home three days a week. But after a new manager took over, that adjustment was removed, and the claimant was required to work in the office five days a week. He went on sick leave with stress and pain, and never returned.
Just five months later, BT dismissed him for unsatisfactory attendance. The tribunal noted that BT relied on a six-month-old occupational health report and ignored the claimant's offer to provide an updated one. The decision to dismiss was taken by a manager who had not sought current medical advice, and the appeal process did not correct this.
What the losing side could have done differently
BT could have avoided this outcome by pausing the dismissal process and obtaining an up-to-date medical report. The claimant had offered to provide one, and the delay would have been reasonable given his long service. BT could also have maintained the home-working adjustment, which had been effective for years, or considered a phased return. Instead, the removal of that adjustment contributed to the claimant's stress and absence.
Why the result matters for similar claims
This case reinforces that employers must not rely on stale medical evidence when dismissing for capability. It also shows that removing a reasonable adjustment without proper justification can be discriminatory. For employees with long service, the expectation of a fair process is higher. The £46,939.95 award reflects the seriousness of the failures, including injury to feelings. Anyone in a similar situation should ensure they request up-to-date medical evidence and challenge any dismissal that ignores their disability-related needs.
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