Dismissed after 18 months of support for kidney failure: a fair capability decision
A finance assistant with 12 years' service was fairly dismissed for long-term sickness after her employer provided extensive support and considered redeployment. The tribunal upheld the decision, finding it within the range of reasonable responses.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #kidney-disease
- #occupational-health
- #redeployment-considered
- #band-of-reasonable-responses
Key facts
- The claimant worked as a Finance Assistant from June 2010 until dismissal on 5 August 2022.
- She had end-stage kidney failure requiring dialysis three times a week and was on a transplant waiting list.
- The respondent accommodated her working from home from June 2021, but by 2022 the role required on-site presence.
- Two occupational health reports were obtained, neither could give a timeline for return to full duties.
- The respondent considered alternative vacancies but none were home-based and the claimant did not express interest.
- The claimant was dismissed for lack of capability due to long-term ill-health after 18 months of support.
Timeline
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Employment started
Claimant began working as a Finance Assistant for the respondent.
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First reported medical condition
Claimant informed manager about kidney condition and planned treatment in India.
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Signed off sick
Claimant was signed off sick for a month with stress-related problems.
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First OH assessment
Occupational Health recommended phased return with home working.
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Hospitalised with kidney failure
Claimant started dialysis three times a week; worked from home thereafter.
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Second OH assessment
OH report noted no timeline for return to full duties.
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Welfare meeting
Claimant told that if unable to return to office, dismissal might follow; given vacancy list.
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Dismissal meeting
Claimant dismissed on grounds of capability due to long-term ill-health.
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Appeal hearing
Appeal heard by Ms Streat; dismissal upheld.
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Kidney transplant
Claimant received a kidney transplant from a UK donor.
The legal issue
The tribunal had to decide whether the employer fairly dismissed the claimant for lack of capability due to long-term ill-health, and whether unlawful deductions were made from wages for sick pay and holiday pay.
The outcome
The tribunal dismissed all claims. It held that the employer had a potentially fair reason for dismissal (capability) and acted reasonably in all the circumstances. The employer had supported the employee for 18 months, obtained two occupational health reports that could not predict a return to full duties, considered redeployment, and followed a fair procedure including a welfare meeting and appeal. The claim for unlawful deductions also failed as the employer had paid all sick pay and holiday pay due.
- Unfair dismissal claim: dismissed
- Unlawful deductions claim: dismissed
- No compensation awarded
Lessons & takeaways
- Employers can fairly dismiss for long-term sickness if they have given enough time, sought medical evidence, and considered alternative roles.
- A long period of support (here 18 months) helps show the employer acted reasonably, even if the employee has many years of service.
- If occupational health cannot give a return-to-work timeline, it may be reasonable to conclude the employee is unlikely to return in the foreseeable future.
- Considering redeployment, even if the employee does not express interest in the available roles, can support a fair dismissal decision.
- Employees should engage with the redeployment process and express interest in suitable vacancies to strengthen their case.
A difficult but fair decision
This case shows that even for a long-serving employee with a serious medical condition, a dismissal for capability can be fair if the employer follows a thorough process. The finance assistant had worked for Lexington Catering for 12 years before end-stage kidney failure required dialysis three times a week. The employer allowed her to work from home for over a year, but when the role needed her on site, the situation became unsustainable.
What the employer did right
Lexington Catering obtained two occupational health reports, neither of which could predict when she might return to full duties. They held a welfare meeting, gave her a list of vacancies, and considered redeployment. When she did not express interest in the roles (which were not home-based), they proceeded to dismissal after 18 months of support. The tribunal found this was within the 'band of reasonable responses' — a key legal test that gives employers some leeway.
Why the result matters
This outcome reassures employers that they are not expected to keep a role open indefinitely when there is no realistic prospect of a return. For employees, it highlights the importance of engaging with redeployment and providing medical updates. The claimant later received a kidney transplant, but at the time of dismissal the prognosis was uncertain. The tribunal noted that the employer had acted compassionately and fairly throughout.
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