Healthcare worker dismissed after 948 days of sickness absence: NHS Trust failed to consider redeployment properly
A healthcare support worker with 11 years' service was unfairly dismissed after a long-term sickness absence. The tribunal found the NHS Trust failed to obtain up-to-date medical advice and did not properly consider redeployment.
2 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #disability-discrimination
- #failure-to-make-reasonable-adjustments
- #redeployment
- #preferential-interview
- #work-related-stress
Key facts
- The claimant was employed from 8 April 2009 until dismissal on 27 July 2020.
- She had long-term absence due to a wrist injury and subsequent depression/anxiety.
- The respondent admitted the claimant was disabled from 3 July 2019.
- The claimant was dismissed for capability (health) after 948 days of absence.
- The respondent failed to obtain up-to-date medical advice before dismissing.
- The claimant was not offered a preferential interview for the Ward Clerk role despite meeting essential criteria.
Timeline
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Employment started
Claimant commenced employment as a Housekeeper, later became Healthcare Support Worker.
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Absence began
Claimant went on sick leave due to anxiety, stress, and depression.
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Wrist fracture
Claimant fell and fractured her wrist, leading to further absence.
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Son's accident
Claimant's son fell from height, suffered brain damage.
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Occupational Health report
OH confirmed claimant permanently unfit for HCSW role, recommended redeployment.
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First capability hearing
Panel found respondent had not adhered to Managing Attendance Policy; claimant placed on redeployment register.
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Phased return to work
Claimant returned to shadow Ward Clerk; Ward Clerk announced retirement.
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Redeployment period ended
Claimant's redeployment period expired; she was invited to a capability hearing.
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Second capability hearing
Claimant given further 8-week redeployment period; grievance used as mitigation.
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Final capability hearing
Claimant dismissed with notice due to capability (health).
-
Employment terminated
Claimant's employment ended.
The legal issue
The tribunal had to decide whether the claimant's dismissal for capability (health) was fair, and whether the Trust discriminated against her by failing to make reasonable adjustments and by treating her unfavourably because of something arising from her disability.
The outcome
The tribunal upheld the claimant's claim of unfair dismissal and parts of her disability discrimination claims.
The key reasons were:
- The Trust did not obtain an up-to-date medical report before the final capability hearing, relying instead on a report that was over a year old.
- The Trust failed to offer the claimant a preferential interview for a Ward Clerk role, which was a reasonable adjustment.
- However, the tribunal found that the Trust had a legitimate aim in maintaining an effective workforce, and the dismissal was not discriminatory in itself.
Compensation will be determined at a separate remedy hearing.
Lessons & takeaways
- Employers must obtain up-to-date medical evidence before dismissing for capability, especially when the employee has been absent for a long period.
- Redeployment should be actively considered, including offering preferential interviews for suitable vacancies where the employee meets essential criteria.
- Failure to follow internal policies on redeployment can make a dismissal unfair, even if the reason for dismissal is potentially fair.
- Long-serving employees are entitled to a thorough process before dismissal, and procedural failings can lead to a finding of unfair dismissal.
This case highlights the importance of employers following proper procedures when dismissing an employee on long-term sick leave. The claimant, a healthcare support worker with 11 years of service, had been absent for 948 days due to a wrist injury and subsequent depression and anxiety. The NHS Trust admitted she was disabled, but the tribunal found that the Trust's decision to dismiss was procedurally flawed.
What went wrong
The Trust relied on an occupational health report from June 2018, which stated the claimant was permanently unfit for her role. However, by the time of the final capability hearing in May 2020, this report was nearly two years old. The claimant had been making progress and had even returned to work on a phased basis in a Ward Clerk role. The Trust did not seek an updated medical opinion, which the tribunal considered a key failing.
Additionally, the Trust failed to offer the claimant a preferential interview for the Ward Clerk role, despite her meeting the essential criteria and having successfully shadowed the role. The Trust's policy allowed for such interviews as a reasonable adjustment, but it was not applied. The tribunal found this amounted to a failure to make reasonable adjustments and discrimination arising from disability.
What could have been done differently
The Trust could have obtained an up-to-date medical report before the final hearing, which might have shown that the claimant was capable of alternative work. It should also have considered the Ward Clerk role as a suitable redeployment option and offered a preferential interview. By failing to do so, the Trust missed an opportunity to retain an experienced employee.
Why this matters
This case serves as a reminder that employers must not rely on stale medical evidence when making capability dismissals. It also underscores the importance of considering redeployment and reasonable adjustments, especially for long-serving employees. The outcome shows that even where an employer has a potentially fair reason for dismissal, procedural failures can render the dismissal unfair.
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