Long-term sickness dismissal: employer's flawed process saved by fair appeal
A station support assistant lost his unfair dismissal claim after 20 months off work. The tribunal found the initial decision to dismiss was premature, but the appeal corrected the flaw.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #occupational-health
- #phased-return
- #drug-and-alcohol-use
- #appeal-rectified-procedure
Key facts
- The claimant was absent from work from 17 August 2021 to 11 April 2023, except for a period in March 2022 when he used annual leave.
- The claimant had work-related stress, later compounded by alcohol and cocaine use.
- Occupational health advised the claimant was temporarily unfit for work in any capacity from July 2022 onwards.
- The dismissing manager decided to dismiss before receiving a GP report, but the appeal manager considered that report and upheld the dismissal.
- The claimant had returned his uniform and stated he was prepared to be dismissed.
Timeline
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First sickness absence
Claimant absent due to work-related stress/anxiety for 45 days.
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Long-term sickness begins
Claimant commenced a period of absence due to work-related stress, which continued until dismissal.
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First occupational health assessment
Ms Debbie Jones assessed the claimant and noted he had been offered counselling.
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Return-to-work meeting
Claimant met manager Mr Patel; a phased return was planned but not implemented.
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Further OH assessment
Ms Jones advised claimant temporarily unfit; GP signed off until 27 April 2022.
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OH with Dr Athanasiou
Claimant reported positive change of manager; still unfit for work.
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Disclosure of drug/alcohol use
Claimant told manager Mr Davies he had developed problems with alcohol and cocaine.
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Dismissal meeting
Meeting to discuss claimant's medical history and future prognosis; claimant said he was prepared to be dismissed.
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Dismissal decision
Mr Davies wrote to claimant dismissing him on 6 weeks' notice, effective 11 April 2023.
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Appeal meeting
Appeal heard by Mr Moeller; claimant accompanied by union rep.
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Appeal dismissed
Mr Moeller upheld the dismissal.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the employee for long-term sickness absence, and whether any procedural unfairness was cured by a thorough appeal.
The outcome
The tribunal dismissed the claim for unfair dismissal.
- The dismissing manager decided to dismiss before receiving a GP report that the employee had offered to provide. This was procedurally unfair.
- However, the appeal manager considered that GP report and upheld the dismissal. The tribunal found that a fair process would still have led to dismissal, so the employee lost nothing.
- The employee had been absent for 20 months, occupational health consistently advised he was unfit for work, and he had told his manager he was prepared to be dismissed.
Lessons & takeaways
- If you are off sick long-term, keep in touch with your employer and provide any medical evidence they request — but be aware that dismissal may still be fair if you are unlikely to return soon.
- Employers should not make a final decision to dismiss until they have considered all available medical evidence, including reports the employee offers to obtain.
- A fair appeal can sometimes cure a flawed initial dismissal decision, so don't assume a procedural error at the first stage automatically wins your case.
- Length of service matters: employees with longer service may expect more support and a longer wait before dismissal, but there is no fixed rule.
A long absence with a difficult background
The claimant, a Station Support Assistant with about five years' service, had been off work since August 2021 with work-related stress. His absence later became complicated by alcohol and cocaine use, which he disclosed to his manager in December 2022. Occupational health reports consistently said he was temporarily unfit for any work. By February 2023, he had been absent for 18 months and had returned his uniform, telling his manager he was prepared to be dismissed.
What went wrong — and what went right
The dismissing manager decided to dismiss on 27 February 2023, before receiving a GP report that the claimant had offered to provide. The tribunal found this was outside the range of reasonable responses — a procedural flaw. However, the appeal manager considered that GP report and upheld the dismissal. The tribunal decided that even if the dismissing manager had waited, the outcome would have been the same. The occupational health advice was clear, the claimant had been absent for a very long time, and there was no realistic prospect of a return to work in the foreseeable future.
Why this matters for similar claims
This case shows that a fair appeal can sometimes rescue an otherwise unfair dismissal. Employees should not assume that a procedural mistake at the first stage automatically means they will win. It also highlights that long-term sickness absence can be a fair reason for dismissal if the employer has obtained proper medical advice and considered alternatives. The key is whether the employer acted reasonably overall — and a thorough appeal process can make all the difference.
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