Store manager dismissed during long-term sick leave: tribunal upholds capability decision
A store manager who was off sick for over a year was fairly dismissed on capability grounds, the tribunal ruled, rejecting claims of disability discrimination and unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #disability-discrimination
- #capability-dismissal
- #failure-to-obtain-oh-report
- #tupe-transfer
Key facts
- The claimant was absent from work due to disability from 17 May 2019 until dismissal on 9 June 2020.
- The respondent dismissed the claimant because of his long-term absence.
- The claimant's GP advised on 24 February 2020 that there was no prospect of return in the next few months.
- The respondent considered alternatives including a transfer to another store but none were feasible.
- The claimant accepted that dismissal would have happened in any event.
Timeline
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Claimant started work for Vodafone
Claimant began employment with Vodafone, later transferring to Kotak Communications via TUPE.
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Disciplinary hearing
Claimant received a final written warning after an altercation with a colleague (SP).
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Claimant went off sick
Claimant went on sick leave and did not return before dismissal.
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TUPE transfer to Kotak
Vodafone's Sutton Coldfield store transferred to Kotak Communications Ltd.
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GP advice
GP advised no prospect of return in the next few months.
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Final meeting
Meeting where claimant was warned of dismissal; claimant confirmed no near-term return.
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Dismissal
Claimant dismissed by telephone, confirmed in writing.
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Claim presented
Claim lodged with Employment Tribunal.
The legal issue
Whether the dismissal of a long-term sick employee for capability was fair under the Employment Rights Act and whether it amounted to discrimination arising from disability under the Equality Act.
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 claimant had been absent for over a year, his GP advised no return in the near future, and alternatives such as a transfer were not feasible. The claimant also accepted that dismissal would have happened in any event. No compensation was awarded.
Lessons & takeaways
- Employers can fairly dismiss for long-term sickness if they have proper medical evidence and consider alternatives.
- A GP's letter stating no return in the next few months can be sufficient to justify dismissal, even without an occupational health report.
- Employees who accept that dismissal was inevitable may weaken their own claim for unfair dismissal.
- Disability discrimination claims based on dismissal for long-term absence may fail if the employer can justify the decision as proportionate.
What this case shows
A store manager who had worked for the company for over 16 years was dismissed after being off sick for more than a year. The tribunal upheld the employer's decision, finding that the dismissal was fair and did not discriminate against the employee because of his disability.
The claimant had been absent since May 2019 following a disciplinary matter. His GP advised in February 2020 that there was no prospect of him returning in the next few months. The employer, Kotak Communications Limited, considered whether he could transfer to another store but concluded it was not feasible. The claimant was dismissed in June 2020.
What the employer did right
The tribunal noted that the employer had genuine concerns about the claimant's long-term absence and the impact on the business. It sought medical evidence, considered alternatives, and ultimately made a decision that fell within the range of reasonable responses. The claimant himself accepted that dismissal would have happened in any event, which weakened his case.
Why this matters
This case is a reminder that employers can fairly dismiss employees who are long-term sick, provided they follow a proper process and consider all options. It also shows that disability discrimination claims based on dismissal for sickness absence can be defended if the employer can justify the decision as a proportionate means of achieving a legitimate aim, such as running an efficient business.
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