Accountant dismissed after 15 months' sick leave: tribunal rejects discrimination and whistleblowing claims
An accountant with 15 years' service was fairly dismissed for incapability after 15 months' sick leave. The tribunal rejected her claims of disability discrimination, victimisation, and whistleblowing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an accountant from 15 March 2006 until dismissal on 27 November 2020.
- She was continuously absent on sick leave from 16 September 2019 due to anxiety and depression.
- The respondent dismissed her for incapability due to long-term sickness absence.
- The tribunal found the respondent had knowledge of her disability from 6 May 2020.
- All discrimination, victimisation, and whistleblowing claims were dismissed.
Timeline
-
Employment commenced
Claimant started work with Statoil (predecessor) in Baku, Azerbaijan.
-
First grievance raised
Claimant complained about manager XY's behaviour, including sexual harassment.
-
First grievance outcome
Grievance partially upheld; XY's aggressive behaviour noted.
-
Second grievance raised
Claimant alleged sex and race discrimination.
-
Sick leave commenced
Claimant went on sick leave due to anxiety and depression, remaining off until dismissal.
-
Disability onset agreed
Parties agreed claimant became disabled due to anxiety and depression.
-
Respondent deemed to know of disability
Claimant forwarded email showing doubled antidepressant dose.
-
Dismissal
Claimant dismissed for incapability due to long-term sickness absence.
-
Claim presented
Claimant submitted her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for incapability due to long-term sickness absence, and whether she suffered discrimination, failure to make reasonable adjustments, victimisation, or automatic unfair dismissal for whistleblowing.
The outcome
The tribunal dismissed all claims, ruling that the dismissal was fair.
- The employer had a genuine reason for dismissal (capability) and followed a reasonable process.
- The claimant's disability was known from May 2020, but the employer's actions were proportionate and not discriminatory.
- No compensation was awarded.
Lessons & takeaways
- Long-term sickness absence can justify dismissal if the employer follows a fair process and considers alternatives.
- Employers should obtain up-to-date medical evidence and consider reasonable adjustments before dismissing on capability grounds.
- Disability discrimination claims require proof that the employer's actions were unfavourable because of something arising from the disability, not just the absence itself.
- Whistleblowing claims must show a protected disclosure was a material reason for dismissal; here the tribunal found no such link.
A long-running dispute ends in dismissal
An accountant who had worked for Equinor UK Ltd for 15 years was dismissed in November 2020 after being on sick leave for over a year with anxiety and depression. She had raised grievances about her manager's behaviour dating back to 2014, including allegations of sexual harassment, but the tribunal found these were not the reason for her dismissal.
The claimant argued that her dismissal was unfair and amounted to disability discrimination, victimisation, and automatic unfair dismissal for whistleblowing. She represented herself at a nine-day hearing.
What the tribunal decided
The tribunal accepted that the claimant was disabled from January 2020, and that Equinor knew of her disability from May 2020. However, it found that the decision to dismiss for incapability was within the range of reasonable responses. The employer had considered alternative roles and obtained occupational health advice, but concluded that the claimant's return to work was unlikely in the foreseeable future.
All discrimination, victimisation, and whistleblowing claims were dismissed. The tribunal noted that the claimant's allegations of historic sexual harassment were not directly relevant to the dismissal decision, and that there was no evidence that she had made a protected disclosure that influenced her dismissal.
What this means for similar cases
This case shows that long-term sickness absence can be a fair reason for dismissal if the employer follows a proper process. However, employers must be careful to obtain up-to-date medical evidence and consider reasonable adjustments. The outcome also highlights that disability discrimination claims require a direct link between the disability and the unfavourable treatment — not just the fact of absence.
For employees, the case is a reminder that raising grievances about historic conduct does not automatically protect against dismissal for unrelated reasons. The tribunal will look at the real reason for dismissal, which in this case was capability, not retaliation.
Similar cases
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.
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.
Plumber with back injury forced to resign after employer ignored adjustments
A plumber with six years' service was awarded £134,411 after his employer failed to implement occupational health recommendations, cut his sick pay, and ignored his grievance. The tribunal found constructive unfair dismissal and disability discrimination.