Capability (ill health / performance)

Agency worker v Syft Online Limited

An agency worker who worked for less than two years had his unfair dismissal, unpaid wages, and breach of contract claims dismissed by the tribunal, along with human exploitation allegations which the tribunal had no power to hear.

Trade Promoter (20 years' service) v Korea Trade Investment Promotion Agency

The tribunal found the dismissal was procedurally unfair, but refused to award any compensation because after-dismissed evidence showed the employee had sought a secret commission from a customer.

Station Support Assistant (approx. 5 years' service) v London North Eastern Railway Limited

A station support assistant lost his unfair dismissal claim after 20 months off work. The tribunal found the initial decision to dismiss was premature, but the appeal corrected the flaw.

Meter reader (16 years' service) v Morrison Data Services Ltd

A meter reader who was dismissed while on long-term sick leave after a motorbike accident has won his unfair dismissal and disability discrimination claim. The tribunal found that Morrison Data Services Ltd failed to obtain an up-to-date occupational health report before deciding to dismiss.

Pharmacist (20 years' service) v Whittington Health NHS Trust

A pharmacist with 20 years' service was unfairly dismissed by Whittington Health NHS Trust after being refused an extension to her notice period while hospitalised with a sickle cell crisis. The tribunal found indirect disability discrimination and a failure to make reasonable adjustments, awarding £16,884.

Static Maintenance and Electrical Engineer (1 year 7 months' service) v Birdsall Services Limited

A static maintenance engineer with under two years' service could not bring an unfair dismissal claim, but the tribunal awarded £803.88 in unpaid holiday pay.

Global Governance Risk and Compliance Manager (20 years' service) v GlaxoSmithKline Services Unlimited

A Global Governance Risk and Compliance Manager with 20 years' service was unfairly dismissed and discriminated against after GlaxoSmithKline failed to make reasonable adjustments for her hand disability. The tribunal awarded £24,785 for injury to feelings.

Production operative (1 year 9 months' service) v Bravo FB Limited (trading as Fox’s Biscuits)

A production operative who was dismissed while on sick leave for plantar fasciitis and depression lost her unfair dismissal claim because she had less than two years' service. All disability discrimination claims were also dismissed.

Security officer (6 years' service) v CIS Security Ltd

A security officer with six years' service was unfairly dismissed after a back injury. The tribunal also found that CIS Security Ltd failed to make reasonable adjustments and discriminated against him arising from his disability.

Electrical engineer (probationary employee, less than 3 months' service) v Integral UK Ltd

An electrical engineer dismissed during his probationary period for poor performance and a safety incident failed to prove race, age or disability discrimination. The tribunal upheld the employer's decision.

Healthcare assistant (6 years' service) v University Hospitals Birmingham NHS Foundation Trust

A healthcare assistant who was dismissed for persistent short-term absences after her employer made reasonable adjustments has lost her unfair dismissal and disability discrimination claims. The tribunal found the NHS Trust acted fairly.

Assistant Branch Manager (28 years' service) v Howarth Timber and Building Supplies Limited

An employment tribunal has upheld the dismissal of an assistant branch manager with 28 years' service who was absent for 10 months with anxiety. The employer had offered multiple adjustments but the claimant insisted on a customer ban.

Support worker (6 months' service) v South Gloucestershire Council

A support worker with depression was dismissed after six months' sick leave. The tribunal upheld the dismissal, finding the council acted reasonably and proportionately.

Warehouse operative (6.5 years' service) v WM Morrisons Supermarket Ltd

A warehouse operative with 6.5 years' service was dismissed for capability after a year of sick leave for depression. The tribunal upheld the dismissal, finding the employer acted reasonably despite not waiting the 4-5 weeks suggested by occupational health.

Senior Internal Auditor (1 year service) v Costain Engineering and Construction Limited

A tribunal has ruled that a senior internal auditor with one year's service was not automatically unfairly dismissed for taking time off to care for his seriously ill father. The claim was dismissed.

Broadband Technical Support Team member (part-time, evening shifts) v EE Limited

A tribunal found that EE Limited unfairly dismissed a broadband technical support worker with panic disorder after it refused to wait a week for her to return to work, and also discriminated against her because of her disability.

Managing Director (31 years' service) v EMKA (UK) Limited

A managing director with 31 years' service was unfairly and wrongfully dismissed after being told his employment was ending at a hotel meeting, with no prior investigation or disciplinary process. The tribunal awarded £61,625.82.

Security guard (3 years' service) v Mitie Ltd

A security guard who lost most of his sight was unfairly dismissed and discriminated against by Mitie Ltd, which failed to consider reasonable adjustments or a vacant role he suggested.

Paramedic (22 years' service) v South Western Ambulance Service NHS Foundation Trust

A paramedic with 22 years' service lost his unfair dismissal and disability discrimination claims after the tribunal found his employer acted reasonably in dismissing him for ill-health when his own psychiatrist said he was permanently incapable of working.

Senior nurse (3 years' service) v Barchester Healthcare Ltd

A tribunal struck out a senior nurse's unfair dismissal and disability discrimination claims because she filed them more than four years after the deadline, despite knowing the time limits.

Production operative (13 years' service) v Cranswick Convenience Foods Ltd

A production operative with 13 years' service was dismissed for capability due to ill health after a telephone meeting. Most of her claims were struck out as out of time, but one disability discrimination claim will proceed.

Consultant Obstetrician and Gynaecologist (9 years' service) v West Hertfordshire Hospitals NHS Trust

An employment tribunal has dismissed all claims by a consultant obstetrician and gynaecologist who argued she was unfairly dismissed for whistleblowing and race discrimination, upholding the NHS trust's decision to dismiss her on capability grounds after a coroner found her account of a baby's death unreliable.

Production operative (6 years' service) v Jaguar Land Rover Limited

A production operative with six years' service was unfairly dismissed and discriminated against due to disability-related sickness absence. The tribunal awarded £147,572.75 in compensation.

Train driver (5 years' service) v London Underground Limited

A London Underground train driver with five years' service was unfairly dismissed and discriminated against after being sacked for long-term sickness despite occupational health and a specialist both saying he could return with adjustments.

Teacher of Welsh as a second language (17 years' service) v Vale of Glamorgan Council

A tribunal has upheld the dismissal of a Welsh teacher with 17 years' service after a lengthy capability procedure, finding that the employer made reasonable adjustments and acted fairly.

CSS General (20 years' service) v Yodel Delivery Network Limited

A tribunal dismissed unfair dismissal and wage claims from a CSS General with 20 years' service because he waited over five months to contact ACAS, even though he continued to receive salary after dismissal.

Nursing Assistant (18 years' service) v University College London Hospitals NHS Foundation Trust

A tribunal struck out an unfair dismissal claim by a nursing assistant with 18 years' service after she failed to comply with orders, including providing a witness statement. No compensation was awarded.

Customer Service Assistant (13 years' service) v London Underground Ltd

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.

Warehouse operative (12 years' service) v Regional logistics company

Employer dismissed a long-serving warehouse worker after eight months of sickness absence without obtaining an up-to-date medical report. The tribunal found the dismissal unfair.

IT Business Partner (10 years' service) v Transport for London

An IT Business Partner with 10 years' service was unfairly dismissed by Transport for London after the tribunal found the real reason was poor performance, not a breakdown in relationships. Compensation will be reduced by 35% due to her own conduct.

Sales Progressor (2 years 7 months' service) v Paradigm Housing Group Limited

A tribunal has rejected claims of unfair dismissal, pregnancy discrimination and sex discrimination brought by a Sales Progressor who was dismissed after a performance improvement plan that began shortly after her miscarriage.

Customer Service Adviser (4 years' service) v BSH Home Appliances Limited

A customer service adviser with functional neurological disorder lost his unfair dismissal and disability discrimination claims. The tribunal found the employer's process was fair and the dismissal justified.

Accounts Manager (2 years 10 months' service) v First Call Contract Services Limited

An accounts manager who suffered a miscarriage and lost her husband in quick succession was unfairly dismissed by First Call Contract Services Limited. The tribunal awarded £72,948.30 for unfair dismissal, disability discrimination, and indirect sex discrimination.

Food Technology Technician (12 years' service) v South West Essex Community Education Trust Limited

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.

Forensic Custody Healthcare Professional (2 years' service) v Mountain Healthcare Limited

A tribunal has upheld the dismissal of a forensic custody nurse who could not kneel to perform CPR due to bilateral knee replacements. The employer was found to have acted within the range of reasonable responses.

Territory sales executive (16 years' service) v ATN Marketing Limited

A territory sales executive with 16 years' service was unfairly dismissed for poor performance without any prior warnings or fair procedure. The tribunal awarded £33,819 in compensation, including a 25% uplift for failing to follow the ACAS Code.

Bus driver (6 years' service) v Bournemouth Transport Limited (in administration)

A bus driver with long COVID was dismissed the day after furlough ended, without waiting for specialist medical input. The tribunal found unfair dismissal and disability discrimination, awarding £2,597.04.

Live-in carer (6 years' service) v The Good Care Group London Limited

A live-in carer with six years' service was fairly dismissed for long-term incapacity, the tribunal found. Her claims of whistleblowing and victimisation were dismissed.

Theatre and Community Centre Manager (18 years' service) v The Dragon Barmouth Ltd

A theatre manager who was dismissed after two long periods of sickness absence lost her claims for unfair dismissal and disability discrimination, but won a small holiday pay award.

Healthcare assistant (probationary period) v Kent and Medway NHS and Social Care Partnership Trust

A healthcare assistant who was dismissed during his probationary period for sickness absence and conduct issues has lost his claims of sex and disability discrimination against Kent and Medway NHS and Social Care Partnership Trust. The tribunal found no unlawful discrimination, failure to make reasonable adjustments, or victimisation.

Weekend Support Worker (2 years' service) v Our Place Schools Ltd

A tribunal has upheld the dismissal of a Weekend Support Worker who was absent for nearly two years and failed to engage with welfare meetings or provide medical evidence. The employer, Our Place Schools Ltd, was found to have acted reasonably.

Farm worker (40 years' service) v G.E. Spence and Sons (a partnership)

A farm worker with 40 years' service was sent a P45 in the post while off sick with cauda equina syndrome. The tribunal found he was unfairly dismissed, discriminated against because of his disability, and awarded over £26,800.

Former employee v Walkers Snacks Limited

A former employee with osteoarthritis faced strike-out of one harassment claim but was allowed to proceed with others, including unfair dismissal and disability discrimination, after a preliminary hearing.

Rehabilitation Assistant (28 years' service) v Central London Community Healthcare NHS Trust

An employment tribunal has ruled that Central London Community Healthcare NHS Trust fairly dismissed a rehabilitation assistant with 28 years' service after prolonged sickness absence, rejecting claims of unfair dismissal and disability discrimination.

Supermarket Assistant (3 years' service) v John Lewis plc

A supermarket assistant who was dismissed after nearly two and a half years of sickness absence had his unfair dismissal claim rejected because he presented it too late and failed to attend the preliminary hearing.

Residential Support Worker (11 months' service) v Roundabout Limited

A tribunal dismissed claims of automatic unfair dismissal, pregnancy discrimination, race discrimination and victimisation brought by a Residential Support Worker who was dismissed after breaching Covid protocols. The employer was ordered to pay £1,355.65 for giving only one week's notice instead of four.

Crane Operator and Warehouse Assistant v Barrett Steel Limited

A crane operator who thought his unfair dismissal claim deadline ran from the appeal outcome lost his case when the tribunal ruled the clock started ticking from the original dismissal letter.

Caretaker (15 years' service) v Islington Borough Council

A caretaker dismissed after 15 months' sickness absence lost his unfair dismissal claim, but was awarded £1,628.02 for unpaid holiday pay.

Senior Practitioner in Adult Social Care (27 years' service) v Birmingham City Council

Birmingham City Council fairly dismissed a Senior Practitioner with 27 years' service after a 9-month sickness absence for bereavement stress. The tribunal rejected claims of unfair dismissal and disability discrimination.

Quality Control Technologist (2 years' service) v Wealmoor Limited

A quality control technologist with back pain and depression was unfairly dismissed after his employer relied on a GP report and failed to obtain occupational health advice. Tribunal awards £129,970.

Night watchman/security (former employee) v JP&S Services Ltd

A former night watchman who waited 10 months to bring an unfair dismissal claim after being sacked while on sick leave has had his case dismissed as out of time. The tribunal refused to extend the deadline, ruling it was reasonably practicable for him to have claimed sooner.

Caretaker (9 years' service) v Catalyst Housing Limited

A caretaker with 9 years' service had his unfair dismissal claim struck out for being six weeks late, but his disability discrimination claim was allowed to proceed. No compensation awarded.

Senior Production Manager (4 years' service) v Sophia Webster Limited

A senior production manager who was dismissed after seven weeks of sickness absence lost her unfair dismissal claim. The tribunal found the small fashion retailer acted reasonably given her lack of engagement.

Learning Manager (12 years' service) v Delta Acadamies Trust

A learning manager with 12 years' service had her unfair dismissal and disability discrimination claims thrown out by a tribunal because she presented them nearly a month late, despite being aware of the time limit.

Spray polisher (5 years' service) v Mowlem and Company (Manufacturing) Limited

A spray polisher with five years' service was unfairly dismissed after his employer refused his proposed phased return following bilateral hip replacements. The tribunal awarded £4,250 but rejected disability discrimination claims.

Behaviour Lead and Community Liaison (17 years' service) v Solihull Metropolitan Borough Council

A behaviour lead with 17 years' service was unfairly dismissed after her employer relied on outdated medical reports and failed to follow its own sickness procedure. The tribunal awarded £23,222, including £9,000 for injury to feelings.

Personal support worker (3 years' service) v Mr A Shakespeare

A personal support worker who was dismissed after 18 months' absence due to bowel cancer and a hernia has lost her unfair dismissal claim. The tribunal found the dismissal was fair, and even if the procedure had been flawed, she would have been dismissed anyway.

Bus driver (13 years' service) v Arriva London North Limited t/a Arriva London

A bus driver with 13 years' service was dismissed after being off sick for over a year. The tribunal refused to strike out her remaining claims of unfair dismissal and disability discrimination.

Bus driver (6 years' service) v Abellio London Limited

A bus driver with six years' service was unfairly dismissed while on long-term sick leave for mental ill health. The tribunal awarded £19,580.63 in compensation, including underpaid notice and holiday pay.

Overseas Detainee Custody Officer (9 years' service) v Mitie Care and Custody Limited

An overseas detainee custody officer who was dismissed after four years of sickness absence had his unfair dismissal and disability discrimination claims rejected because he presented them too late, despite the tribunal accepting he had a good reason for the initial delay.

Customer Assistant (8 years' service) v Sainsbury's Supermarkets Limited

A customer assistant with eight years' service who asked to be dismissed on capability grounds lost her unfair dismissal claim. The tribunal found Sainsbury's acted reasonably.

Paramedic (29 years' service) v North East Ambulance Service NHS Foundation Trust

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.

Dental receptionist (7 years 5 months' service) v Oasis Dental Care Limited

A dental receptionist with over seven years' service was fairly dismissed after a lengthy performance improvement process. The tribunal found the employer acted reasonably.

Warehouse operative (9 years' service) v Fibreline Ltd

A Leeds tribunal dismissed claims of unfair dismissal and disability discrimination brought by a warehouse operative with chronic back pain, finding that the employer's consultation and medical evidence were reasonable.

Car park enforcement officer (5 years' service) v Salisbury NHS Foundation Trust

An employment tribunal has upheld the dismissal of a car park enforcement officer who had been absent for 1,163 days out of 1,992 due to bipolar disorder, finding the NHS trust acted reasonably.

Community Phlebotomist (11 years' service) v St Helens and Knowsley Teaching Hospitals NHS Trust

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.

Lecturer in Physiotherapy (probationary period) v Cardiff University

A physiotherapy lecturer who was dismissed during her probationary period for failing a Performance Improvement Plan has lost her claims of unfair dismissal, discrimination, and victimisation against Cardiff University.

Collection and Delivery Driver (3 years' service) v DPD Group UK Limited

A collection and delivery driver with an umbilical hernia and muscle condition was fairly dismissed on capability grounds after his employer exhausted temporary adjustments. The tribunal found DPD Group UK Limited acted reasonably.

Maintenance Officer (4.5 months' service) v Upwards Care Solutions

A maintenance officer with less than two years' service claimed he was automatically unfairly dismissed for raising fire door safety concerns. The tribunal found the real reason was capability and conduct, and dismissed the claim.

Former employee v Peter's Food Services Limited

A former employee who left work because he felt too ill to handle food safely was automatically unfairly dismissed. The tribunal awarded £1,092 in compensation.

Senior Staff Nurse (20 years' service) v St George's Hospitals NHS Foundation Trust

A senior staff nurse with 20 years' service was fairly dismissed after a head injury left him unable to return to work. The tribunal rejected his claims of unfair dismissal and disability discrimination.

HR Advisor/Co-Ordinator (6 years' service) v Felixstowe Dock & Railway Company

A tribunal has dismissed an HR advisor's unfair dismissal and disability discrimination claims because he presented them 12 days late, ruling it was reasonably practicable to have filed on time.

Production Operative (3 years 10 months' service) v Kettle Foods Limited

A production operative who was dismissed after over a year of sickness absence has had her unfair dismissal and disability discrimination claims struck out. The tribunal found she was not disabled and her dismissal was fair.

Sales assistant (9 years' service) v John Titcombe Limited

A sales assistant with 9 years' service was dismissed on the spot after asking for a chair and reduced hours due to a cycling injury. The tribunal awarded £47,886 for unfair dismissal and disability discrimination.

Night Care Assistant (7 years' service) v Hampshire County Council

A night care assistant with 7 years' service was fairly dismissed for capability due to long-term sickness linked to unresolved grievances about payroll system errors. The tribunal awarded £153.62 for unpaid notice pay but rejected all other claims.

Traffic Engineer (5 years' service) v London Borough of Brent

A traffic engineer with PTSD and chronic pain was fairly dismissed for capability after years of sickness absence and negligible work output, the Watford tribunal has ruled.

Production operative (6 years' service) v Faccenda Foods Limited

A production operative with six years' service was fairly dismissed on capability grounds after nine months' absence due to foot pain. The tribunal rejected claims of unfair dismissal and disability discrimination.

Business Analyst / Product Owner (4 years' service) v Bud Systems Limited

A tribunal has ruled that Bud Systems Limited fairly dismissed a business analyst who had been on sick leave for 16 months with anxiety and depression. All discrimination claims also failed.

Visual Merchandising Team Manager (26 years' service) v Marks & Spencer plc

A Visual Merchandising Team Manager with 26 years' service was dismissed after over six months' absence. The tribunal rejected her claims of unfair dismissal and disability discrimination.

Solid Surface Fitter (4 years' service) v Howden Joinery Limited

An employment tribunal has rejected an unfair dismissal claim from a solid surface fitter who was dismissed on capability grounds after two years of sickness absence, finding the employer acted reasonably.

Store manager (Vodafone franchise) v Kotak Communications Limited

A store manager who was off sick for over a year was fairly dismissed on capability grounds, the tribunal ruled, rejecting claims of disability discrimination and unfair dismissal.

Housing Solutions Assistant / Independent Living Prevention and Local Welfare Provision Officer (3 years 7 months' service) v Central Bedfordshire Council

A Housing Solutions Assistant with PTSD was fairly dismissed after a lengthy sickness absence when he refused all redeployment options, the tribunal has ruled.

Finance Officer (23 years' service) v The Governing Body of Kingsbury High School

A tribunal struck out claims of unfair dismissal, disability discrimination and victimisation brought by a finance officer with 23 years' service who was dismissed after 32 months' sick leave following a cancer diagnosis.

Head Baker (6 years' service) v Leakers Limited

A head baker with six years' service was dismissed for poor-quality bread without any formal warning or right to appeal. The tribunal found the dismissal unfair and awarded £15,703, reduced by 50% for his own conduct.

Venue stylist/stationery assistant (5 months' service) v Flossie's Wedding Limited

A venue stylist dismissed during probation for poor performance failed to prove wrongful dismissal. The tribunal found no breach of contract even though the employer had no written disciplinary or grievance policies.

Finance Assistant (12 years' service) v Lexington Catering Ltd

A finance assistant with 12 years' service was fairly dismissed for long-term sickness after her employer provided extensive support and considered redeployment. The tribunal upheld the decision, finding it within the range of reasonable responses.

Payroll administrator and receptionist (20 years' service) v Johnsons Financial Management Ltd

A payroll administrator with 20 years' service was unfairly dismissed after a flawed capability process that lacked warnings, investigation, and an appeal. The tribunal awarded £28,333, including a 25% uplift for failing to follow the ACAS Code.

Technical Manager (11 years' service) v James Finlay Limited

An employment tribunal has upheld the dismissal of a technical manager with 11 years' service, finding that the employer's formal performance process was fair and that the dismissal was for capability, not race discrimination.

Hire Controller (2 years' service) v Torrent Trackside Ltd

An employment tribunal has ruled that a hire controller with degenerative disc disease was unfairly dismissed and discriminated against because of her disability. The respondent, Torrent Trackside Ltd, dismissed her without warning after 10 months' absence.

Finance Accountant (21 years' service) v The London Borough of Bexley

A finance accountant with 21 years' service was dismissed on capability grounds due to long-term sickness. Her unfair dismissal claim was rejected as out of time, and her discrimination claims were dismissed on the merits.

Staff nurse (12 years' service) v Robert Jones and Agnes Hunt Orthopaedic Hospital NHS Foundation Trust

A staff nurse with 12 years' service who was dismissed after two years' sick leave and failed redeployment attempts has lost her unfair dismissal and disability discrimination claims.

Customer service agent (12 years' service) v dnata Limited

A customer service agent with 12 years' service was awarded £2,213.32 after dnata Limited breached his contract by failing to pay sick pay correctly, but his unfair dismissal and all disability discrimination claims were rejected.

Lettings Manager (3 years' service) v Phillip Ellis Properties Limited

A lettings manager who suffered a stroke was unfairly dismissed after his employer refused to allow him to work from home. The tribunal awarded £27,664.

Management Information Analyst (1 year's service) v Direct Commercial Limited

A management information analyst who resigned and was offered a conditional bonus during his notice period successfully claimed breach of contract when the employer refused to pay, winning £2,000.

Production operative (semi-skilled, 7 years' service) v Jaguar Landrover Limited

A production operative with 7 years' service was fairly dismissed on capability grounds after an extensive search for alternative roles failed, the tribunal ruled.

Revenue Control Officer (10 months' service) v Govia Thameslink Railway Limited

A Revenue Control Officer with PTSD after four passenger assaults was not redeployed to a non-customer-facing role. The tribunal found the employer failed to make reasonable adjustments and discriminated against her.

Clinical Support Worker (6 years' service) v Norfolk and Suffolk NHS Foundation Trust

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.

Specialty doctor in emergency medicine (12 years' service) v Calderdale and Huddersfield NHS Foundation Trust

An employment tribunal has upheld the dismissal of a specialty doctor with 12 years' service for capability, finding the NHS trust's process was fair and that his disability was not the cause of his performance problems.

Teaching Assistant and Midday Supervisor (10 years' service) v Derbyshire County Council

A teaching assistant who was dismissed on ill-health grounds had her unfair dismissal and disability discrimination claims struck out after presenting them 415 days late. The tribunal found no explanation for the delay and no jurisdiction to hear the case.

Trainee Biomedical Scientist (12 years' service) v Imperial College Healthcare NHS Trust

A trainee biomedical scientist with 12 years' service was unfairly dismissed after the NHS Trust failed to fix an appeal hearing, despite knowing she was seriously ill. The tribunal awarded £17,771.29.

Meter reader (10 years' service) v Morrison Data Services Limited

A meter reader who refused to consent to an occupational health referral for months was fairly dismissed on capability grounds, the tribunal has ruled.

HART Paramedic (7 years' service) v South Western Ambulance Service NHS Foundation Trust

A HART paramedic with 7 years' service was unfairly dismissed and discriminated against after developing PTSD from a training incident. The tribunal awarded £26,087 in compensation.

Electrical Biomedical Engineering technician (Band 6, 2 years' service) v IFM Bolton Limited

An electrical technician with two years' service was fairly dismissed after failing capability tests and refusing a downgraded post. The tribunal rejected claims of race and religion discrimination.

Community Care Assistant (5 years' service) v Heheals Pharmaceutical Ltd t/a Christ Church Care Agency

A community care assistant with severe asthma was summarily dismissed for not being able to wear a surgical mask. The tribunal found the employer failed to investigate alternatives or make reasonable adjustments.

Part-time shed builder (7 years' service) v Hunt Sheds Limited

A part-time shed builder with bowel cancer was told he hadn't 'a fucking days' work' in him and dismissed. The tribunal awarded £10,610 after the employer failed to defend the claim.

Cashier (nearly 3 years' service) v HSBC UK Bank Plc

A cashier with nearly 3 years' service was fairly dismissed for capability after failing to meet an attendance objective. The tribunal rejected her claims of unfair dismissal, breach of contract, and unlawful deductions.

Shift manager/transport planner (2 years' service) v Chillaway Express Special Limited

A shift manager with chronic fatigue syndrome was fairly dismissed after 8 months' absence, the tribunal ruled, finding the small employer acted reasonably in the circumstances.

Anglican Prison Chaplain (3 years' service) v Secretary of State for Justice

A prison chaplain with 3 years' service was fairly dismissed for performance issues after extensive support, the Sheffield tribunal ruled, rejecting all discrimination and harassment claims.

Fragrance Accounts Manager (11 years' service) v Mane Limited

A Fragrance Accounts Manager with 11 years' service was fairly dismissed for poor performance after a Performance Improvement Plan, and the tribunal rejected her claim that retirement discussions amounted to age discrimination.

Direct Adviser (20 years' experience) v Gatehouse Bank Plc

A Direct Adviser with 20 years' experience was dismissed for performance after raising workload concerns. The tribunal found no causal link between the health and safety complaints and the dismissal, ruling it was a fair capability dismissal.

Hair Assessor (4 years' service) v Skills to Group Limited

A tribunal has ruled that Skills to Group Limited fairly dismissed a hair assessor with 4 years' service who had been absent for 22 months due to complications from knee surgery. The employer's concerns about workplace safety justified the dismissal.

Sales Manager (3 years 8 months' service) v Jansen UK Ltd

A sales manager who was dismissed by phone after insisting on a contractual £3k bonus has been awarded over £39,000 for unfair dismissal. The tribunal found the real reason was the bonus dispute, not poor performance.

Senior vehicle engineer (16 years' service) v London General Transport Services Limited t/a Go-Ahead London

A senior vehicle engineer with 16 years' service was unfairly dismissed after his employer relied on a stale medical report. The tribunal awarded £12,473.64 but found he would have been fairly dismissed 7 weeks later.

Transport Team Leader (16 years' service) v 3663 Transport Limited

A Transport Team Leader with 16 years' service was unfairly dismissed after his LGV licence was revoked due to depression. The tribunal found the employer failed to consider alternative roles or reasonable adjustments.

Quality assurance engineer (12 years' service) v Bridgehead Software Ltd

A quality assurance engineer with 12 years' service lost his unfair dismissal claim because he filed it one day late, and the tribunal refused to extend time despite his autism spectrum diagnosis.

Warehouse operative (4.5 years' service) v Asda Stores Limited

A warehouse operative with 4.5 years' service was fairly dismissed after lengthy sickness absence. The tribunal rejected claims of discrimination and victimisation.

Contract Manager (ground maintenance, physical role) v Oxfordshire GM Limited

An employment tribunal has dismissed a contract manager's unfair dismissal claim after his employer decided he was no longer capable of performing his physical role due to long-term knee pain.

Operations Manager (3 years' service) v AGTC Ltd

An operations manager who was dismissed for 'redundancy' that was actually a pretext for performance concerns has won his unfair dismissal claim. The tribunal awarded £2,020 in compensation.

Teacher (science/maths) v Tameside College

A teacher who was dismissed for long-term sickness absence after 11 months has lost her claims for unfair dismissal, whistleblowing detriment and disability discrimination. The tribunal found the college acted reasonably.

Bus driver (13 years' service) v Metroline Travel Ltd

A bus driver with osteoarthritis was fairly dismissed for capability after 24 weeks' absence, but won £1,017 for unpaid sick pay. The tribunal rejected all discrimination claims.

Communications Officer (9 years' service) v The Commissioner of the Police of the Metropolis

A tribunal struck out a communications officer's unfair dismissal and discrimination claims because she filed her claim one day after the three-month deadline, despite having previous tribunal experience.

Gardener (part-time, 4.5 years' service) v Care UK Community Partnerships Limited

A part-time gardener with anxiety was unfairly dismissed after refusing to take COVID-19 tests. The tribunal awarded £27,605.13 in damages.

Service Engineer Level 1 (4.5 years' service) v Govia Thameslink Railway Limited

A service engineer with 4.5 years' service was fairly dismissed for poor attendance after progressing through a staged absence management process. The tribunal rejected his claims that the dismissal was linked to protected disclosures about a chemical.

DWP employee (17 years' service) v Department for Work and Pensions

A DWP employee with ME who worked reduced hours for years was unfairly dismissed and discriminated against. Tribunal awards £47,087.46 and recommends a positive reference.

NHS employee (10 years' service) v Barts Health NHS Trust

An NHS trust fairly dismissed a theatre nurse with 10 years' service after she was absent for over two years due to stress. The tribunal found the employer acted reasonably in concluding she would not return to her role.

Administration officer (16 years' service) v The Home Office

An administration officer with 16 years' service was unfairly dismissed by the Home Office after developing Charcot foot from a workplace trip. The tribunal found the department ignored its own code on injuries caused by Crown negligence.

Linen porter (8 years' service) v Elis UK Limited

An employment tribunal has held that Elis UK Limited fairly dismissed a linen porter with 8 years' service who had been absent for 14 months due to back pain, finding the employer acted within the range of reasonable responses.

Cleaner (14 years' service) v Pektron Group Limited

A tribunal has upheld the dismissal of a cleaner with 14 years' service who could not cope with reduced duties due to osteoarthritis. The employer was found to have acted reasonably in dismissing for capability after a phased return failed.

Communications officer (emergency 999/101 calls) v Commissioner of Police of the Metropolis

A communications officer who had 17 separate absences over two years was fairly dismissed for capability. The tribunal rejected her claims of unfair dismissal and disability discrimination.

Driving Training Instructor (11 years' service) v Northumberland County Council

A driving training instructor with 11 years' service was fairly dismissed after his Group 2 licence was permanently revoked due to a heart condition. The tribunal rejected his claims of unfair dismissal and disability discrimination.

Teaching Assistant (6 years' service) v The Governing Body of Windsor Clive Primary School

A teaching assistant with 6 years' service was unfairly dismissed on capability grounds, but her harassment claim succeeded after an administrative error triggered a flawed Stage 2 sickness procedure.

Bus driver (14 years' service) v Metroline Travel Ltd

A bus driver with 14 years' service was fairly dismissed for capability after he refused to attend occupational health appointments or engage with his employer. The tribunal also found no disability discrimination.

Technical Services Manager (11 years' service) v RGB HiFi & Video Limited

A Technical Services Manager who refused to attend welfare meetings or complete health questionnaires was fairly dismissed on capability grounds after 16 months' absence. The tribunal rejected his claims for unfair dismissal, redundancy pay, and arrears of pay.

Accountant (15 years' service) v Equinor UK Ltd

An accountant with 15 years' service was fairly dismissed for incapability after 15 months' sick leave. The tribunal rejected her claims of disability discrimination, victimisation, and whistleblowing.

Senior Mental Health Practitioner (13 years' service) v Worcestershire Health and Care NHS Trust

A senior mental health practitioner with 13 years' service was unfairly dismissed and discriminated against by an NHS trust. The tribunal awarded £199,149.09, finding the trust failed to make reasonable adjustments and relied on a flawed capability process.

Dental nurse (GDC accredited) v Mr J O’Dea t/a St Clement Dental Care

A dental nurse who suffered a brain haemorrhage after childbirth was unfairly dismissed by her employer, who failed to consult her or obtain an up-to-date medical report. The tribunal awarded her £38,191 in compensation.

Bus driver (4 years' service) v Abellio London Ltd

A bus driver with four years' service was fairly dismissed for capability after a long-term wrist injury prevented safe driving. The tribunal also rejected his claim for unpaid wages as out of time.

Pot department packer (11 years' service) v Aeroplas (UK) Ltd

A pot department packer with 11 years' service was dismissed after a seizure at work without a formal meeting. The tribunal found the dismissal unfair and discriminatory, awarding over £15,000 in compensation.

Store manager (15 years' service) v Superdrug Stores plc

A store manager with 15 years' service was dismissed for inability to sustain reliable attendance due to depression. The tribunal found the dismissal fair and not discriminatory, despite his disability.

Security officer (11 years' service) v Securitas Security Services (UK) Limited

A security officer with 11 years' service was fairly dismissed after three years on sick leave when he declined an alternative role. The tribunal also dismissed his disability discrimination claims, partly because they were brought too late.

Bus driver (4 years' service) v London General Transport Services Ltd t/a Go-Ahead London Ltd

A bus driver dismissed after a year off sick with thyroid cancer has lost her unfair dismissal and discrimination claims. The tribunal found the employer acted reasonably in concluding there was no realistic prospect of return.

Healthcare Support Worker (11 years' service) v United Lincolnshire Hospitals NHS Trust

A healthcare support worker with 11 years' service was unfairly dismissed after a long-term sickness absence. The tribunal found the NHS Trust failed to obtain up-to-date medical advice and did not properly consider redeployment.

Senior Winemaker (9 years' service) v Rathfinny Wine Estate

A senior winemaker with nine years' service was fairly dismissed after a faulty vintage caused a £500,000 loss. The tribunal upheld the employer's decision, finding a reasonable investigation and genuine belief in gross negligence.

Senior audiologist (25 years' service) v Royal Cornwall Hospitals NHS Trust

A senior audiologist who went on sick leave after proposed rota changes and never returned was fairly dismissed for capability, the Plymouth Employment Tribunal has ruled. No compensation was awarded.

Civil servant (Executive Officer, 24 years' service) v Royal College of Defence Studies

A tribunal has allowed a civil servant with 24 years' service to amend his claim to include failure to make reasonable adjustments at the appeal stage, and refused the employer's bid to strike out the case.

Customer service advisor (part-time, 3 years' service) v British Gas Services Limited

A customer service advisor's claims of unfair dismissal and race discrimination were struck out after he failed to pay a £2,000 deposit ordered by the tribunal. The deposit was required because his claims had little reasonable prospect of success.

Former employee (long-term sickness absence) v Royal Mail Group Ltd

A former Royal Mail employee who was dismissed on capability grounds due to long-term spinal pain had his unfair dismissal claim dismissed because he presented it over 13 months after the effective date of termination.

Night Care Assistant (12 years' service) v The Salvation Army Trustee Company

A Night Care Assistant with 12 years' service had her unfair dismissal and disability discrimination claims struck out after failing to properly set out her case despite repeated opportunities. No compensation was awarded.

Works Delivery Manager (7 years' service) v Network Rail Infrastructure Limited

A Works Delivery Manager with 7 years' service was dismissed on capability grounds after a long redeployment period. The tribunal upheld the dismissal, finding the employer's process reasonable.

Band 5 Staff Nurse (21 years' service) v Liverpool University Hospitals NHS Foundation Trust

A Band 5 Staff Nurse with 21 years' service was unfairly dismissed after a stroke left him unable to return to his nursing role. The tribunal found the trust's failure to hold a final meeting made the dismissal procedurally unfair, but a fair process would have led to dismissal by September 2020. He was awarded £13,272.

Senior IT Service Desk Analyst (6 years' service) v Swiss Re Management Limited

A senior IT analyst with six years' service was unfairly dismissed after being handed a pre-prepared dismissal letter at a meeting described as a PIP review. The tribunal found the employer had already made up its mind.

Restorative Justice Officer (17 years' service) v London Borough of Hillingdon

A tribunal has ruled that London Borough of Hillingdon fairly dismissed a Restorative Justice Officer with 17 years' service after a year-long absence due to back pain, rejecting claims of unfair dismissal and disability discrimination.

Employee (grounds maintenance, 12 years' service) v Liverpool Football Club and Athletic Grounds Limited

A grounds maintenance employee with 12 years' service was dismissed on capability grounds due to long-term ill health. The tribunal extended the time limits for his unfair dismissal and disability discrimination claims because his depression made it not reasonably practicable to present them on time.

Programmer (17 years' service) v British Telecommunications PLC

A programmer with 17 years' service was unfairly dismissed by BT after the company relied on a six-month-old medical report and ignored an offer of updated evidence. The tribunal awarded £46,939.95.

Receptionist/Administrator, later Ward Administrator v The Royal Marsden NHS Foundation Trust

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.

Customer Assistant (part-time, 25.5 hours per week) v Marks and Spencer Plc

A part-time customer assistant who raised safety concerns after a customer incident was unfairly dismissed by Marks and Spencer for capability. The tribunal awarded £15,004.41.

Clinic Manager – Sexual Health Service (30 years' service, Band 5) v Worcestershire Health and Care NHS Trust

A clinic manager who had worked for the NHS for 30 years was unfairly dismissed when her employer restructured her role and then dismissed her on ill-health grounds. The tribunal awarded nearly £300,000 in compensation.

Customer Service Assistant (5 years 8 months service) v B & M Retail Limited

An employment tribunal has ruled that B & M Retail Limited fairly dismissed a customer service assistant who had been absent for over three years due to muscular dystrophy. The tribunal rejected claims of unfair dismissal and disability discrimination.

Warehouse agent (part-time, 3 days per week) v DHL Aviation (UK) Ltd

A part-time warehouse agent with asthma was unfairly dismissed after her employer failed to tell her that training would be provided for an office-based role. The tribunal awarded £1,010.28 in basic award but dismissed her disability discrimination claim.

Deputy Senior House Parent (boarding house) v The Governing Body of Ripon Grammar School and North Yorkshire County Council

A deputy senior house parent who claimed she was dismissed and reported to police for raising concerns about a pupil's medication has lost her case. The tribunal found the disclosures were not the reason for either action.

Management Support Administrator (18 years' service) v Coventry University

An employment tribunal has rejected claims of unfair dismissal and discrimination brought by a management support administrator with 18 years' service who was dismissed for capability due to long-term sickness absence.

Loans and investment officer (25 years' service) v Bridgend County Borough Council

A loans and investment officer with 25 years' service was fairly dismissed on capability grounds after 17 months off work with stress and anxiety. The tribunal rejected her claims of unfair dismissal and disability discrimination.

Customer Service Engineer (13 years' service) v Openreach Limited

A tribunal has ruled that Openreach fairly dismissed a Customer Service Engineer with 13 years' service after 271 days of absence, finding the employer's process was reasonable and not discriminatory.

Bus driver (5 years' service) v East London Bus & Coach Company Limited

A bus driver who was dismissed on medical grounds after a stroke has won his unfair dismissal claim and been reinstated to his role. The tribunal found the employer failed to properly consider alternative work and an occupational health report.

Production Operator (24 years' service) v GlaxoSmithKline Services Unlimited

A production operator with 24 years' service was unfairly dismissed and discriminated against when his employer failed to consider day shifts or redeployment for his lupus condition. The tribunal found GlaxoSmithKline's capability process was flawed.

Travel Trainer (8 years' service) v London Borough of Croydon

A travel trainer with eight years' service was unfairly dismissed and discriminated against when her employer failed to make reasonable adjustments by requiring her to compete for a vacant role. The tribunal awarded £86,787.82.

Journalist (20 years' service) v Bloomberg L.P.

An employment tribunal has ruled that Bloomberg L.P. fairly dismissed a journalist with 20 years' service after he failed to meet performance targets under a second improvement plan. The claim for automatic unfair dismissal based on whistleblowing was rejected.

Band 2 Health Care Assistant in Emergency Department v University Hospital Southampton NHS Foundation Trust

An NHS trust fairly dismissed a health care assistant who had been absent for 14 months with work-related stress, the tribunal has ruled. The trust followed its attendance management policy and offered redeployment.

Senior nursing assistant (band 3) v Guy’s & St Thomas’s NHS Foundation Trust

A senior nursing assistant was unfairly dismissed after her employer required her to compete for sedentary roles despite medical advice. The tribunal awarded £21,173.

Teaching Assistant (12 years' service) v Calthorpe Teaching Academy

A teaching assistant with 12 years' service was unfairly dismissed after his school rejected his ill-health retirement application because of cost. The tribunal awarded £24,290.

Telecommunications Systems Engineer (former military, 12 years' service with respondent) v Ministry of Defence

A telecommunications engineer with physical and mental health disabilities was unfairly dismissed and discriminated against by the Ministry of Defence. The tribunal awarded £147,809.69 in total damages.

Literary agent (commission-only) v The Andrew Lownie Literacy Agency Ltd

A literary agent paid solely by commission lost his unfair dismissal claim after the tribunal ruled he was not an employee. The case shows the importance of control, mutuality of obligation, and personal service in determining employment status.

Decision Maker (3 years' service) v Department for Work and Pensions

A Decision Maker with three years' service was fairly dismissed after repeated sickness absence and declining offers of support. The tribunal upheld the Department for Work and Pensions' decision.

Former employee v Jaguar Land Rover Limited

A former employee was unfairly dismissed for capability reasons, but the tribunal applied a 75% Polkey deduction for the chance he would have been dismissed anyway. His race discrimination claims were dismissed.

Administrative Officer (45 years' service) v Commissioners for HM Revenue & Customs

An HMRC administrative officer with 45 years' service was unfairly dismissed and discriminated against after her employer refused to transfer her to another team as a reasonable adjustment for depression. The tribunal awarded £243,957.