Partial win Employment Tribunal · 13 October 2020

Police employee with cancer made redundant after refusal to adjust work location: unfair dismissal and disability discrimination

An intelligence support officer with bowel cancer was unfairly dismissed when Surrey Police made her redundant after she could not accept a new role based at Woking due to her disability. The tribunal also found a failure to make reasonable adjustments and discrimination over a recognition bonus.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed from 30 March 2009 until dismissal on 22 June 2018.
  • She was diagnosed with bowel cancer in June 2015 and had a permanent stoma.
  • Her role as Intelligence Support Officer was made redundant in a restructure.
  • She was offered the OCGM co-ordinator role based at Woking as suitable alternative employment.
  • The claimant could not accept the role due to her disability and the travel to Woking.
  • The respondent failed to make reasonable adjustments to allow her to work from Mount Browne.

Timeline

  1. Employment start

    Claimant began working for Surrey Police as an employee.

  2. Cancer diagnosis

    Claimant diagnosed with bowel cancer; she underwent chemotherapy, radiotherapy, and surgery resulting in a permanent stoma.

  3. OCGM role advertised

    Expressions of interest invited for the new OCGM Co-ordinator role.

  4. Secondment to OCGM role

    Claimant started the OCGM role on secondment, based at Mount Browne.

  5. First group consultation

    First formal group consultation meeting for the SCCP change programme; relocation to Woking announced.

  6. First individual consultation

    Claimant met with Ms Fullick; she raised concerns about the Woking location due to her disability.

  7. Occupational health appointment

    Claimant attended occupational health; report recommended adjustments including working from Mount Browne.

  8. Second individual consultation

    Ms Fullick proposed flexible working: attend Woking 1-2 days per week, otherwise work from Mount Browne.

  9. Third individual consultation

    Mr Norbury told claimant she would need to be at Woking for the majority of the week; claimant rejected the role.

  10. Dismissal

    Claimant dismissed for redundancy; notice period reduced to 2 weeks.

The outcome

The tribunal upheld the claimant's complaints of failure to make reasonable adjustments, discrimination arising from disability (regarding a recognition bonus), and unfair dismissal. Other claims of direct discrimination, indirect discrimination, harassment and victimisation were dismissed.

The key reasons were:

  • The respondent did not consider or implement the occupational health recommendation that the claimant work from her existing base (Mount Browne) as a reasonable adjustment.
  • The redundancy dismissal was unfair because the employer failed to properly consult or explore alternatives to relocation.
  • The decision not to award the full recognition bonus was discriminatory.

Compensation will be determined at a separate remedy hearing.

Lessons & takeaways

  • Employers must actively consider and implement reasonable adjustments recommended by occupational health, especially for long-serving employees with disabilities.
  • In a redundancy situation, if a suitable alternative role requires relocation, the employer should explore whether adjustments can be made to accommodate the employee's disability before dismissing.
  • Disability discrimination claims can succeed even when the employer's actions are based on a genuine business need, if reasonable adjustments are not properly considered.
  • The length of service (here 9 years) can strengthen a claim that the employer's response was not reasonable.

When redundancy meets disability: a case about reasonable adjustments

This case shows how a redundancy process can go wrong when an employer fails to properly consider the needs of a disabled employee. The claimant, an intelligence support officer with nine years' service, had been successfully working from her usual base after returning from cancer treatment. When her role was made redundant and she was offered a new role at a different location, the employer insisted she work there despite her disability-related difficulties with the commute.

What the employer could have done differently

The tribunal found that occupational health had recommended allowing the claimant to work from her existing base as a reasonable adjustment. Instead of implementing this, the employer offered a compromise of one or two days per week at the new location, then later insisted she be there most of the week. The employer also failed to properly consult with her about alternatives before dismissing her for redundancy. A more flexible approach, following the medical advice, could have avoided the claim.

Why this matters for similar claims

This decision reinforces that employers cannot simply rely on a redundancy situation to avoid their duty to make reasonable adjustments. Where a disabled employee cannot relocate due to their disability, the employer must consider whether adjustments – such as working from a different base – are reasonable. The fact that the claimant had a long service record and a clear medical recommendation made the employer's failure particularly significant. The case also highlights that decisions about bonuses can amount to discrimination if they are influenced by disability-related absence or performance issues.

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