Long-term sickness dismissal: 20-year nurse loses unfair dismissal claim
A senior staff nurse with 20 years' service was fairly dismissed after a head injury left him unable to return to work. The tribunal rejected his claims of unfair dismissal and disability discrimination.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #post-concussion-syndrome
- #occupational-health
- #sickness-absence-procedure
- #legal-representation-denied
- #polkey-reduction-considered
Key facts
- The claimant was employed as a Senior Staff Nurse from 25 June 2000 until his dismissal on 12 October 2020.
- He sustained a head injury at work on 14 August 2019 and was absent due to post-concussion syndrome.
- The respondent held three formal sickness absence meetings and obtained occupational health reports.
- The claimant was dismissed on grounds of capability due to long-term sickness absence with no foreseeable return to work.
- The respondent denied the claimant legal representation at the appeal hearing but offered alternative support.
- The tribunal found the dismissal fair and all discrimination claims unfounded.
Timeline
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Employment commenced
Claimant started work as a Senior Staff Nurse at St George's Hospital CTICU.
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Injury at work
Claimant was kicked in the head by a patient, causing post-concussion syndrome and other symptoms.
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First long-term sickness meeting
Meeting with Matron Stracey; claimant placed on half pay and discussed injury allowance.
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Second sickness meeting
Claimant still unfit; management decided to move to final review.
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Stage 3 sickness meeting
Final review meeting by Microsoft Teams; claimant unaccompanied, gave brief responses.
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Dismissal decision
Claimant was dismissed on grounds of capability due to long-term sickness absence.
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First dismissal letter sent
Letter erroneously referenced disciplinary procedure; later corrected.
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Revised dismissal letter
Corrected outcome letter sent with softer tone and proper references.
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Appeal hearing
Claimant did not attend; appeal dismissed on 15 February 2021.
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Claim presented to tribunal
Claimant brought claims for unfair dismissal, disability discrimination, and others.
The legal issue
The tribunal had to decide whether the dismissal of a long-serving nurse with post-concussion syndrome was unfair and whether the Trust discriminated against him because of his disability.
The outcome
The tribunal dismissed all claims. It found that the Trust had a genuine reason for dismissal (capability) and acted reasonably in following its sickness absence policy. The decision was within the range of reasonable responses for an employer in the NHS.
Key reasons:
- The Trust held three formal sickness meetings and obtained occupational health reports.
- The employee was given time to recover and offered alternative support.
- The appeal process was fair, even though legal representation was denied (the employee could bring a companion).
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employers can fairly dismiss for long-term sickness if they follow a proper procedure and obtain up-to-date medical evidence.
- Long service does not automatically make a dismissal unfair if the employee is genuinely unable to return to work.
- Denying legal representation at an appeal hearing is not necessarily unfair if the employee can bring a colleague or trade union representative.
- Tribunals will scrutinise whether the employer considered alternatives to dismissal, such as redeployment or adjusted duties.
A 20-year career cut short by injury
This case shows how an employer can fairly dismiss a long-serving employee when ill health prevents them from returning to work. The nurse suffered a head injury at work and developed post-concussion syndrome. After 14 months of absence with no foreseeable return, the Trust decided to dismiss him on capability grounds.
What the Trust did right
The Trust held three formal sickness absence meetings, obtained occupational health reports, and kept the employee informed. It considered alternatives but concluded there was no suitable redeployment. The dismissing officer balanced the employee's long service against the need for a qualified nurse in a busy intensive care unit. The tribunal noted that the Trust's procedure was thorough and reasonable.
What the employee argued
The employee claimed the Trust had discriminated against him because of his disability (post-concussion syndrome). He also argued that the dismissal was unfair because he was denied legal representation at the appeal. However, the tribunal found that the Trust offered him a companion of his choice (a colleague or union rep), which satisfied the legal requirement. The appeal was conducted fairly, and the outcome was reasonable.
Why this matters for similar claims
This case is a reminder that long-term sickness dismissals can be fair if the employer follows a proper process and relies on up-to-date medical evidence. Even an employee with 20 years' service can be dismissed if there is no realistic prospect of a return to work. Employees should engage with occupational health and consider alternative roles if offered. Employers should document their decision-making and ensure they consider all reasonable adjustments before dismissing.
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