Ward administrator dismissed during long-term sick leave: capability decision upheld
An NHS trust fairly dismissed a ward administrator who was off sick for over a year, the tribunal has ruled. All claims of disability discrimination, race discrimination, and whistleblowing detriment were dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Receptionist/Administrator from June 2018 and later as a Ward Administrator.
- He was dismissed in November 2020 on grounds of capability due to long-term sickness absence.
- The claimant had various disabilities including HIV, anxiety, depression, panic attacks, and psoriasis.
- He raised grievances about bullying and discrimination, which were investigated and not upheld.
- The tribunal found that the dismissal was fair and within the range of reasonable responses.
- All claims of discrimination, victimisation, and whistleblowing detriment were dismissed.
Timeline
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Employment started
Claimant began work as a Receptionist/Administrator at the Royal Marsden NHS Foundation Trust.
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Final written warning
Claimant received a final written warning for inappropriate behaviour towards a colleague, and was redeployed to Ward Administrator.
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Christmas leave request refused
Ms Clark refused claimant's request for Christmas leave due to a policy allowing only one staff member off at a time.
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Informal grievance raised
Claimant submitted a grievance alleging bullying and discrimination over leave allocation.
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Meeting with Ms Perrin
A heated meeting occurred where both parties raised voices; claimant felt his complaint was not taken seriously.
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Formal grievance submitted
Claimant sent a formal grievance to Ms Singh alleging harassment and discrimination.
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Mock CQC inspection
Claimant had a panic attack during a mock CQC inspection and left work; he was signed off sick.
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Whistleblowing letter
Claimant wrote to the CEO alleging health and safety breaches due to Ms Clark's presence on his ward.
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ET claim lodged
Claimant lodged Employment Tribunal proceedings.
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Dismissal
Claimant was dismissed on grounds of capability due to long-term sickness absence and failure to engage.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed on capability grounds, and whether he had been subjected to disability discrimination, race discrimination, or detriment for whistleblowing.
The outcome
The tribunal dismissed all claims. It found that the Royal Marsden NHS Foundation Trust had a genuine reason for dismissal (capability) and acted within the range of reasonable responses. The claimant's long-term sickness absence and failure to engage with the process justified the decision. No compensation was awarded as all claims failed.
Lessons & takeaways
- Employers can fairly dismiss for long-term sickness if they have followed a proper process and the employee has not engaged.
- Raising grievances does not automatically protect against dismissal if the underlying reason is genuine capability concerns.
- Disability discrimination claims require the employer to have knowledge of the disability at the time of the alleged discriminatory act.
- Whistleblowing claims must show that the protected disclosure was a material reason for the detriment, not just a background factor.
A long-running dispute ends in dismissal
The case involved a ward administrator who had been off sick for over a year with conditions including HIV, anxiety, depression, and panic attacks. During his employment, he raised several grievances about bullying and discrimination, and also wrote to the CEO about health and safety concerns. After a long period of sickness absence and a failure to engage with the employer's process, he was dismissed on capability grounds.
What the tribunal decided
The tribunal found that the Royal Marsden NHS Foundation Trust had a genuine concern about the claimant's ability to return to work. The employer had followed a reasonable process, including seeking medical advice and offering support. The claimant had not engaged with the process, and his dismissal was within the range of reasonable responses. All claims of discrimination, victimisation, and whistleblowing detriment were dismissed because the tribunal found no evidence that the employer's actions were motivated by the claimant's disabilities, race, or protected disclosures.
What this means for similar cases
This case shows that employers can fairly dismiss employees who are long-term sick, provided they have a genuine capability concern and follow a fair process. Employees who raise grievances or whistleblowing concerns are not immune from dismissal if the real reason is capability. It also highlights the importance of engaging with the employer's process – failing to do so can weaken a claim of unfair dismissal.
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