Dismissed after 12 years due to long-term sickness: employer's redeployment efforts upheld
A Food Technology Technician with 12 years' service was fairly dismissed for capability after a long-term sickness absence, the tribunal ruled, finding the employer had properly considered redeployment and made reasonable adjustments.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant started work as a Technology Technician on 1 September 2009 and later became a Food Technology Technician.
- In January 2020, the claimant developed a ruptured Baker's cyst and was diagnosed with osteoarthritis in her left knee.
- The respondent created a temporary administrative assistant role for the claimant as a reasonable adjustment from July 2020.
- The claimant was unable to perform her substantive role and no reasonable adjustments could be made to it.
- The respondent considered redeployment but found no suitable alternative roles available.
- The claimant was dismissed on 23 September 2021 due to capability (long-term sickness absence).
Timeline
-
Started employment
Claimant began work at Williams Edwards School as a Technology Technician.
-
Role change
Claimant moved to the role of Food Technology Technician.
-
Sickness absence began
Claimant was signed off sick due to a ruptured Baker's cyst in her left knee.
-
Temporary role created
Claimant started a temporary Administrative Assistant role as a reasonable adjustment.
-
Occupational Health report
OH report stated claimant was unfit for her substantive role but could work in a sedentary role.
-
Invitation to absence review
Claimant was invited to an informal absence review meeting under the Sickness Absence Management Procedure.
-
Informal absence review meeting
Meeting held to discuss claimant's health and lack of suitable roles; temporary role was due to end.
-
Meeting about alternative role
Claimant met with Christine Pumfrey to discuss an Administrative Assistant role at Stifford Clays Primary School.
-
Formal sickness absence hearing
Hearing where claimant was dismissed; decision communicated by letter dated 7 July 2021.
-
Effective date of termination
Claimant's employment ended.
-
Appeal hearing
Appeal against dismissal was heard and upheld.
The legal issue
The tribunal had to decide whether the dismissal for capability (long-term sickness) was fair, and whether the employer discriminated by commencing sickness procedures, dismissing, and failing to make reasonable adjustments.
The outcome
The tribunal dismissed all claims. It found that the employer had a potentially fair reason for dismissal (capability) and acted reasonably in the circumstances.
- The employer had created a temporary administrative role as a reasonable adjustment, but when that ended, no suitable alternative roles were available.
- The employer followed a fair procedure, including consulting with the employee and considering an Occupational Health report.
- The tribunal rejected claims of disability discrimination, finding no less favourable treatment or failure to make reasonable adjustments.
Lessons & takeaways
- Employers should consider redeployment and reasonable adjustments before dismissing for long-term sickness, but are not required to create permanent roles if none exist.
- Following a proper procedure, including obtaining medical advice and consulting with the employee, is crucial to defending a capability dismissal.
- Employees on long-term sick leave should engage with the employer's process and explore alternative roles to strengthen their position.
This case shows how employers can fairly dismiss an employee for long-term sickness when they have genuinely explored alternatives. The claimant, a Food Technology Technician with 12 years' service, developed a knee condition that prevented her from performing her substantive role. The employer created a temporary administrative role as a reasonable adjustment, but when that ended, no other suitable roles were available.
What the employer did right
The employer obtained an Occupational Health report, held meetings to discuss options, and considered redeployment across its group of schools. The tribunal found that the employer acted reasonably in deciding that dismissal was within the range of reasonable responses, given the employee's inability to perform her role and the lack of suitable alternatives.
Why the discrimination claims failed
The tribunal rejected claims that the employer discriminated by starting sickness procedures or dismissing. It found that the employer's actions were not because of disability but because of the employee's long-term absence and inability to work. The temporary role was a reasonable adjustment, and the employer was not required to keep her in that role indefinitely or create a permanent position.
Key takeaway
For employees in similar situations, this case highlights that long-term sickness dismissals can be fair if the employer follows a proper process and genuinely considers redeployment. However, each case depends on the specific facts, including the employer's size and available roles. Employees should cooperate with the process and explore all options to improve their chances of retaining employment.
Similar cases
NHS trust failed to redeploy disabled nursing assistant without competitive interviews
A senior nursing assistant was unfairly dismissed after her employer required her to compete for sedentary roles despite medical advice. The tribunal awarded £21,173.
20-year manager dismissed for capability after employer refused to adjust role for disability
A Global Governance Risk and Compliance Manager with 20 years' service was unfairly dismissed and discriminated against after GlaxoSmithKline failed to make reasonable adjustments for her hand disability. The tribunal awarded £24,785 for injury to feelings.
Security officer dismissed after back injury: tribunal finds unfair dismissal and disability discrimination
A security officer with six years' service was unfairly dismissed after a back injury. The tribunal also found that CIS Security Ltd failed to make reasonable adjustments and discriminated against him arising from his disability.
Dismissed after 10-month absence: employer's reasonable adjustments were enough
An employment tribunal has upheld the dismissal of an assistant branch manager with 28 years' service who was absent for 10 months with anxiety. The employer had offered multiple adjustments but the claimant insisted on a customer ban.