Senior mental health practitioner dismissed on capability grounds wins £199k for disability discrimination and unfair dismissal

A flawed process led to a costly outcome

This case shows how a well-intentioned capability process can go wrong when an employer fails to properly account for an employee's disability. The claimant, a senior mental health practitioner with 13 years' service, was dismissed after a period of sickness absence caused by work-related stress. The trust relied on an occupational health report that was several months old and did not seek an update, even though the claimant's condition had changed. The tribunal found this was a fundamental flaw: the trust should have obtained current medical evidence before making a decision.

What the trust could have done differently

The trust could have avoided liability by taking a few simple steps. First, it should have considered whether the claimant's anxiety and depression amounted to a disability under the Equality Act 2010. Second, it should have explored reasonable adjustments, such as a phased return or changes to her role. Third, it should have obtained an up-to-date occupational health report before the capability hearing. Instead, the trust pressed ahead with a dismissal that the tribunal described as outside the range of reasonable responses.

Why this matters for similar claims

This decision reinforces that employers cannot treat long-term sickness absence as a straightforward capability issue when the employee may be disabled. The tribunal's award of nearly £200,000, including a 30% reduction for the chance that a fair process might still have led to dismissal, sends a clear message: failing to follow proper procedures and ignoring disability duties can be very expensive. For employees in similar situations, the case highlights the importance of seeking a disability determination early and ensuring that employers consider reasonable adjustments before taking any formal action.