NHS healthcare assistant dismissed after 20-month sick leave: disability discrimination claim fails
A healthcare assistant with 7 years' service was dismissed after 20 months' sick leave due to a work-related arm and neck injury. The tribunal found the NHS trust's decision was proportionate, balancing patient safety and staffing needs.
2 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #redeployment
- #occupational-health
- #covid-19
- #intensive-care-unit
- #healthcare-assistant
Key facts
- The claimant was employed as a band 3 Health Care Assistant in the Adult Intensive Care Unit (AICU) from 1 September 2014.
- He sustained an arm and neck injury in 2020, diagnosed as Mild Bilateral C5 Radiculopathy, ulnar nerve compression and Right Carpal Tunnel Syndrome, which was an admitted disability.
- He commenced sick leave on 29 April 2020 and was absent for over 20 months.
- The respondent attempted redeployment, including a temporary cashier role, but no suitable alternative role was found.
- The claimant was dismissed on 10 January 2022 on grounds of capability due to ill health.
- The tribunal found the dismissal was a proportionate means of achieving legitimate aims, including patient safety and staffing levels.
Timeline
-
Employment started
Claimant began employment as a band 3 Health Care Assistant at Guy’s & St Thomas NHS Foundation Trust.
-
Sick leave commenced
Claimant started sick leave due to arm and neck injury.
-
First OH report
Occupational Health reported claimant could undertake all activities except heavy moving and handling.
-
Long-term sickness meeting
Claimant attended first long-term sickness absence meeting; symptoms had worsened.
-
Administrative role offered
Claimant was offered a temporary ward administrator role but did not take it up due to GP advice.
-
Redeployment period started
Claimant commenced a 12-week redeployment period, later extended by 2 months.
-
Outpatients HCA role considered
Claimant was considered for an HCA role in Outpatients but deemed unsuitable due to inability to perform CPR.
-
Cashier role started
Claimant started a temporary cashier role covering long-term sickness.
-
Absence from cashier role
Claimant took annual leave due to a personal emergency and did not return; later signed off sick from 1 November.
-
Dismissal
Claimant was dismissed on grounds of capability due to ill health.
The legal issue
The tribunal had to decide whether the trust's decision to dismiss the healthcare assistant because of his long-term sickness absence (which arose from his disability) was a proportionate way to achieve legitimate aims, such as patient safety and efficient use of public money.
The outcome
The tribunal dismissed the claim of discrimination arising from disability. It found that the trust had legitimate aims: ensuring patient safety, maintaining adequate staffing levels, delivering high-quality services, and using public money appropriately. The dismissal was a proportionate response because:
- The claimant had been absent for over 20 months with no realistic prospect of returning to his role in the intensive care unit.
- The trust explored redeployment options, including a temporary cashier role, but no suitable alternative was found.
- The trust's occupational health reports indicated the claimant could not perform the full duties of a healthcare assistant, including CPR and heavy lifting.
- The trust balanced the claimant's needs against the operational pressures on the unit, particularly during the COVID-19 pandemic.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Employers can dismiss a disabled employee for long-term sickness if they have a legitimate aim and the dismissal is proportionate, but they must explore redeployment and consider alternatives.
- Length of service and the employee's role are key factors: the more critical the role to patient safety, the more likely dismissal may be justified.
- Occupational health reports should be up to date; relying on old reports can weaken an employer's case, but here the trust had recent assessments.
- Employees should engage with redeployment opportunities; turning down a suitable alternative role may affect the outcome of a disability discrimination claim.
- Tribunals will balance the employee's needs against the employer's operational needs, especially in high-pressure environments like intensive care units.
What this case shows in practice
A healthcare assistant with 7 years' service at Guy's & St Thomas NHS Foundation Trust was dismissed after 20 months of sick leave due to a work-related arm and neck injury. The trust admitted the injury was a disability, but argued that the dismissal was necessary to protect patient safety and maintain adequate staffing levels in the Adult Intensive Care Unit (AICU). The tribunal agreed, finding that the trust had explored redeployment options and that no suitable alternative role was available.
The claimant had been absent since April 2020, and the trust's occupational health reports consistently stated he could not perform the full duties of a healthcare assistant, including CPR and heavy lifting. The trust offered a temporary cashier role, but the claimant did not take it up due to GP advice. Later, he started a temporary cashier role but then went off sick again. The trust ultimately decided that dismissal was the only option.
What the losing side could have done differently
The claimant argued that the trust should have waited longer or found a different role. However, the tribunal noted that the trust had already extended the redeployment period and considered multiple options. The key lesson for employees in similar situations is to engage fully with redeployment and provide up-to-date medical evidence. For employers, the case shows that a thorough process—including regular occupational health reviews, exploration of redeployment, and clear communication—can justify dismissal even where disability is admitted.
Why the result matters for similar claims
This case reinforces that disability discrimination claims under section 15 of the Equality Act 2010 can be defended if the employer can show that the dismissal was a proportionate means of achieving a legitimate aim. In healthcare settings, patient safety is a powerful legitimate aim. Employers should document their decision-making process carefully, especially when balancing the needs of a disabled employee against operational pressures. Employees should be aware that long-term absence, even from a disability, may not protect them from dismissal if the employer has taken reasonable steps to accommodate them.
Similar cases
Customer service assistant dismissed on medical grounds without recommended risk assessment
A tribunal has upheld the dismissal of a London Underground customer service assistant with 13 years' service, finding that the employer acted reasonably despite not carrying out a recommended risk assessment before termination.
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.
Dismissed after refusing redeployment: a capability decision that passed the fairness test
A Housing Solutions Assistant with PTSD was fairly dismissed after a lengthy sickness absence when he refused all redeployment options, the tribunal has ruled.
Clinical Support Worker with rheumatoid arthritis fairly dismissed after redeployment exhausted
An NHS trust fairly dismissed a clinical support worker with rheumatoid arthritis and sickle cell anaemia after a 12-month absence, the tribunal ruled. The trust had explored redeployment and followed its procedures.