Paramedic with 29 years' service dismissed on capability grounds after ill-health retirement application supported by employer
A paramedic with nearly three decades of service was fairly dismissed on capability grounds after a thorough absence management process, the tribunal has ruled. All claims of unfair dismissal and disability discrimination were dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a paramedic from 4 August 1991 until dismissal on 14 August 2020.
- The claimant had multiple health conditions including diabetes, musculoskeletal issues, mental health problems, and epilepsy.
- The claimant was absent from work almost continuously from December 2018 due to ill health.
- The claimant applied for and was granted ill-health retirement, which was supported by the respondent.
- The claimant did not appeal his dismissal and expressed satisfaction with the support received at the final review meeting.
- The tribunal found the respondent followed a thorough absence management process and made reasonable efforts to facilitate a return to work.
Timeline
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Employment commenced
Claimant started work as a paramedic with the respondent.
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Stage I sickness absence warning
Claimant received a written warning for 7 periods of absence over 12 months, with disability-related absences excluded.
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Incident with Patient A
Claimant attended a call where a patient was pronounced dead; this led to investigations and a coroner's inquest.
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Admitted to psychiatric hospital
Claimant was admitted to Rosebery Park Hospital due to mental health deterioration.
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Discharged from hospital
Claimant was discharged from Rosebery Park Hospital.
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Hospitalised with seizure
Claimant was admitted to University Hospital North Tees with a suspected tonic/clonic seizure.
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Case review meeting
Occupational Health recommended a phased return with adjustments; claimant was placed on special leave.
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Stage 3 final review meeting
Claimant attended the meeting, agreed with the management case, and expressed satisfaction with support.
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Dismissal effective date
Claimant's employment was terminated on grounds of capability (ill health).
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Ill-health retirement appeal successful
NHS BSA confirmed claimant met Tier 1 criteria for ill-health retirement benefits.
The legal issue
The tribunal had to decide whether the dismissal of a long-serving paramedic for capability (ill health) was fair under section 98(4) of the Employment Rights Act 1996, and whether the employer failed to make reasonable adjustments, harassed the claimant, or discriminated against him because of his disability.
The outcome
The tribunal dismissed all claims. It found that the employer had a genuine reason for dismissal – capability – and acted reasonably in treating that as sufficient. The employer followed its absence management policy, took account of disability-related absences, and made reasonable adjustments including placing the claimant on special leave and supporting his ill-health retirement application.
The claimant did not appeal his dismissal and expressed satisfaction with the support received. The tribunal concluded the process was fair and the dismissal was not discriminatory.
Lessons & takeaways
- Employers should follow their own absence management procedures consistently and document each step.
- Supporting an employee's ill-health retirement application can demonstrate that the employer is acting reasonably.
- An employee's agreement with the management case at a final review meeting can be a significant factor in the fairness of dismissal.
- Disability-related absences should be excluded from absence management triggers to avoid discrimination.
A long career ended by ill health
This case involved a paramedic who had served the NHS for 29 years. After a series of health problems including diabetes, epilepsy, and mental health issues, he was absent from work almost continuously from December 2018. The employer, North East Ambulance Service NHS Foundation Trust, followed a staged absence management process, eventually dismissing him on capability grounds in August 2020.
What the tribunal considered
The tribunal examined whether the employer acted reasonably. It noted that the employer had made significant efforts to support the claimant: it placed him on special leave, obtained occupational health advice, and supported his application for ill-health retirement. At the final review meeting, the claimant agreed with the management case and expressed satisfaction with the support he had received. He did not appeal his dismissal.
Why the claims failed
The tribunal found that the employer had a genuine capability reason for dismissal and followed a fair process. It had taken account of the claimant's disability and made reasonable adjustments. The claims of harassment and discrimination were also dismissed because the employer's actions were justified and not related to the claimant's disability in a discriminatory way.
What this means for similar cases
This case shows that a long period of sickness absence can lead to a fair dismissal if the employer follows a proper procedure and makes reasonable adjustments. It also highlights the importance of the employee's own views at the final stage – agreeing with the employer's case can undermine a later claim of unfairness. However, each case turns on its facts, and employees with long service may still expect a high level of support before dismissal is considered reasonable.
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