Long-term sickness dismissal: 11-year NHS phlebotomist fairly let go after 395 days off in 596
An employment tribunal has ruled that St Helens and Knowsley Teaching Hospitals NHS Trust fairly dismissed a community phlebotomist with 11 years' service due to her poor attendance record. No compensation was awarded.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #umbilical-infection
- #absence-management-policy
- #disability-discrimination
- #whistleblowing
- #reasonable-adjustments
Key facts
- The claimant was employed as a Community Phlebotomist from 23 January 2012 to 5 May 2021.
- She had a history of long-term sickness absence, including 395 days absent out of 596 days from September 2019 to May 2021.
- The respondent dismissed her on capability grounds due to her poor attendance record.
- The claimant had been issued a stage three final warning under the Bridgewater Attendance Management Policy in August 2019.
- The respondent's decision to dismiss was upheld on appeal.
- The tribunal found that the claimant's protected disclosure claim failed because the decision-makers were unaware of the alleged disclosures.
Timeline
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Employment started
Claimant began work as a Community Phlebotomist.
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Stage three warning issued
Bridgewater issued a stage three final letter of concern for sickness absence.
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Stage three warning reissued
Claimant received a stage three final letter of concern under the Bridgewater policy.
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Disciplinary investigation meeting
Claimant raised concerns about management and a broken chair during a meeting with Mr Mannion.
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Invitation to stage four meeting
Claimant was invited to a stage four absence management meeting, warned dismissal possible.
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Stage four meeting and dismissal
Mr Roscoe dismissed the claimant on capability grounds due to poor attendance.
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Appeal hearing
Appeal heard by Mr Cooper; decision upheld.
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Appeal outcome
Appeal dismissed; dismissal confirmed.
The legal issue
The tribunal had to decide whether the NHS trust acted reasonably in dismissing the claimant for capability (ill health) and whether the dismissal was automatically unfair due to whistleblowing, disability discrimination, or a failure to make reasonable adjustments.
The outcome
The tribunal dismissed all claims, finding that the trust's decision to dismiss was fair and within the range of reasonable responses.
Key reasons:
- The claimant had a very poor attendance record: 395 days absent out of 596 days from September 2019 to May 2021.
- The trust had followed its Bridgewater Attendance Management Policy, issuing stage three warnings and consulting the claimant before proceeding to a stage four meeting.
- The whistleblowing claim failed because the decision-makers were unaware of any protected disclosures.
- The disability discrimination and reasonable adjustments claims were not upheld.
No compensation was awarded.
Lessons & takeaways
- Long-term sickness absence can justify dismissal if the employer follows a fair process and the employee has been given warnings and opportunities to improve.
- Whistleblowing claims require that the decision-maker knew about the alleged disclosure; raising concerns to someone else may not protect you if the dismissing officer is unaware.
- Disability discrimination claims need evidence that the employer knew of the disability and failed to make reasonable adjustments; a history of sickness absence alone may not suffice.
- Employers should ensure they have up-to-date medical evidence before dismissing on capability grounds, but a fair process can still be followed even without the latest report if the attendance record is very poor.
A case about persistent absence, not a single illness
This case illustrates how a long-term sickness absence record can lead to a fair dismissal, even when the employee has a disability and years of service. The claimant, a community phlebotomist with 11 years' service, had been absent for 395 days out of the last 596 days of her employment. The trust had issued stage three warnings under its attendance policy and ultimately decided that her attendance was unlikely to improve.
The tribunal noted that the trust had consulted the claimant, considered her medical evidence, and applied its policy consistently. The claimant argued that the trust should have waited for an updated medical report, but the tribunal found that the trust's decision was within the range of reasonable responses given the extent of her absence.
What the trust did right
The trust had a clear attendance management policy and followed it step by step. It issued warnings, held meetings, and gave the claimant opportunities to improve. The dismissing officer was aware of her long service but concluded that the attendance record was unsustainable. The appeal process also upheld the decision.
Why the other claims failed
The claimant also alleged whistleblowing, disability discrimination, and failure to make reasonable adjustments. The whistleblowing claim failed because the managers who decided to dismiss did not know about the alleged disclosures. The disability claims failed because the tribunal found that the trust had made reasonable adjustments (e.g., reduced hours) and that the dismissal was not because of her disability but because of her attendance record.
What this means for similar cases
For employees with long-term sickness, this case shows that a fair process can still lead to dismissal if attendance is very poor. For employers, it confirms that following a structured policy and consulting the employee can defend against unfair dismissal claims, even when the employee has a disability.
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