NHS worker dismissed due to disability: unfair dismissal and discrimination claim partially succeeds
An NHS employee was unfairly dismissed and discriminated against because of his disability. The tribunal awarded £26,852.61, reduced by 35% for the chance he could have been fairly dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed by the respondent.
- The claimant had a disability.
- The dismissal was because of something arising in consequence of the claimant's disability.
- There was a 35% chance that the claimant could have been fairly dismissed.
- The respondent failed to provide a written statement of employment particulars.
Timeline
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Dismissal date
The claimant was dismissed by the respondent.
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Start of prescribed period
The prescribed period for recoupment of benefits begins.
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First day of liability hearing
The employment tribunal hearing on liability commenced.
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Last day of liability hearing
The liability hearing concluded.
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Liability judgment
The tribunal found unfair dismissal and discrimination arising from disability, with a 35% Polkey reduction.
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Remedy hearing
The tribunal awarded compensation including basic award, compensatory award, injury to feelings, and breach of contract.
The legal issue
The tribunal had to decide whether the NHS Trust unfairly dismissed the employee and whether it discriminated against him by dismissing him for a reason arising from his disability.
The outcome
The tribunal upheld the employee's claims of unfair dismissal and discrimination arising from disability. However, it found there was a 35% chance that the employee could have been fairly dismissed even with a proper process, so it reduced the compensatory award accordingly.
Compensation breakdown:
- Basic award: £4,005
- Loss of statutory rights: £500
- Compensatory award (after 35% Polkey reduction): £10,563.70
- Injury to feelings: £9,000 plus interest of £1,893.91 (total £10,893.91)
- Breach of contract (failure to provide written statement): £890
- Total: £26,852.61
Lessons & takeaways
- Employers must ensure that dismissal decisions are not based on something arising from a disability unless the reason is objectively justified and proportionate.
- A Polkey reduction can apply if the tribunal believes there was a chance the employee could have been fairly dismissed even with a proper process.
- Failure to provide a written statement of employment particulars can lead to additional compensation of up to four weeks' pay.
- Employees who bring claims in person can still succeed, but legal representation may help navigate complex issues like Polkey reductions and injury to feelings awards.
When disability leads to dismissal: a case of mixed outcomes
This case shows how an employer can be found to have both unfairly dismissed an employee and discriminated against them because of their disability, yet still avoid full liability due to the possibility that a fair process might have reached the same result.
The NHS employee was dismissed by Mid Cheshire Hospitals NHS Foundation Trust. The tribunal found that the dismissal was because of something arising in consequence of his disability – a classic 'discrimination arising from disability' claim. However, the tribunal also concluded that there was a 35% chance that the employee could have been fairly dismissed if the Trust had followed a proper procedure. This led to a 'Polkey reduction', cutting the compensatory award by 35%.
What the employer could have done differently
The Trust's failure lay in not properly considering whether the dismissal was justified and in not providing reasonable adjustments or exploring alternatives. A fair process – including proper consultation, considering medical evidence, and exploring redeployment – might have either avoided the discrimination finding or at least reduced the compensation.
Why this matters for similar claims
This case highlights the importance of the Polkey principle in disability discrimination claims. Even where discrimination is proven, compensation can be reduced if the employer can show that a fair dismissal was likely. It also underscores the need for employers to document their decision-making and for employees to be aware that a 'partial win' may still result in reduced damages.
The total award of £26,852.61 includes injury to feelings of £9,000, reflecting the impact of the discrimination, plus interest. The additional award for failing to provide a written statement of employment particulars is a reminder that employers must comply with basic legal obligations.
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