Placed at risk of redundancy while on sick leave: disability discrimination claim succeeds
A former employee with PTSD was placed at risk of redundancy while on sick leave. The tribunal found it was discrimination arising from disability and awarded £12,183.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant suffered from PTSD, depression and anxiety, accepted as a disability.
- She was placed at risk of redundancy by letter dated 18 May 2021 while on sick leave.
- The tribunal found that her sickness absence was a material influence on the decision to issue the redundancy warning.
- The redundancy was not genuine; it was a pretext to dismiss her due to her disability-related absence.
- The claimant resigned on 23 September 2021, giving notice, and was constructively dismissed.
- The respondent failed to pay correct wages on time, but this was not disability-related.
Timeline
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Claimant re-employed
Claimant started part-time business development administration role (16 hours/week).
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Sickness absence began
Claimant sent fit note signed off for 4 weeks due to stress, disclosed PTSD and antidepressants.
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Redundancy warning letter
Claimant received letter stating her role was at risk of redundancy due to restructure.
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Grievance submitted
Claimant submitted written grievance alleging discrimination due to disability.
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Resignation
Claimant resigned with 4 weeks' notice, citing the discriminatory redundancy warning and unresolved grievance.
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Employment ended
Claimant's last day of employment.
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New employment started
Claimant obtained alternative employment.
The legal issue
The tribunal had to decide whether placing an employee at risk of redundancy while she was on sick leave due to a disability (PTSD, depression, anxiety) amounted to unfavourable treatment because of something arising from that disability, and whether that treatment amounted to constructive dismissal.
The outcome
The tribunal upheld the claim of discrimination arising from disability. The redundancy warning was not a genuine restructure but a pretext to dismiss the employee due to her disability-related sickness absence. The employee resigned in response, which amounted to constructive dismissal.
Compensation:
- Loss of earnings: £844.62
- Injury to feelings: £10,000
- Interest: £1,338.46
- Total: £12,183.08
Lessons & takeaways
- If you are placed at risk of redundancy while on sick leave, consider whether your absence is a factor — this could be disability discrimination.
- A redundancy process that is not genuine but a pretext to dismiss due to disability can amount to discrimination and constructive dismissal.
- Keep records of all communications and grievances — they are crucial evidence if you decide to bring a claim.
- You do not need two years' service to bring a discrimination claim — protection starts from day one.
When redundancy warnings become discrimination
This case shows how a redundancy process can be used as a cover for disability discrimination. The employee, who worked part-time as an operations and business development administrator, had been signed off sick with stress and disclosed her PTSD, depression and anxiety. She was then placed at risk of redundancy. The tribunal found that her sickness absence was a material influence on that decision, and that the redundancy was not genuine.
What went wrong for the employer
The employer, The Vital Element (UK) Limited, argued that the redundancy was due to a restructure. But the tribunal concluded it was a pretext. The employee's disability-related absence was the real reason for the warning. The employer also failed to properly handle her grievance, and there were issues with late payment of wages. These failures, combined with the discriminatory redundancy warning, amounted to a fundamental breach of contract, entitling the employee to resign and claim constructive dismissal.
Why this matters
This case is a reminder that employees on sick leave are not immune from redundancy processes, but those processes must be genuine and not motivated by disability. If an employer uses redundancy as a way to get rid of someone because of their disability-related absence, that is discrimination. The compensation awarded — over £12,000 — reflects the injury to feelings and loss of earnings. For employees in similar situations, the key is to gather evidence and seek advice early, as discrimination claims do not require two years' service.
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