Long-term sickness dismissal: security officer loses unfair dismissal claim
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.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a security officer from 2011 until dismissal on 30 July 2021.
- He suffered from bilateral anterior uveitis causing photophobia and other symptoms.
- The claimant was removed from the client site in April 2018 and remained on sick leave until dismissal.
- The respondent obtained three occupational health reports and offered an alternative administrative role.
- The claimant declined the alternative role and stated he did not wish to work for the respondent.
- The reasonable adjustments claim was dismissed as out of time.
Timeline
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Hospital admission
Claimant admitted to hospital and initially diagnosed with iritis; later diagnosed with bilateral anterior uveitis.
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Meeting with Mr Hall
Mr Hall visited the client site and met with the claimant regarding a reasonable adjustment plan.
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Mr Hall left employment
Mr Hall, the claimant's manager, left the respondent's employment.
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Medication incident
Claimant left medication at home and requested cover; client site manager provided cover and emailed respondent expressing concern.
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Meeting with Mr Gilliland
Mr Gilliland met claimant to discuss welfare; claimant did not raise need for further adjustments.
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Client requested removal
Client site manager emailed respondent requesting claimant's removal from site due to inability to carry out duties.
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Welfare meeting at home
Mr Gilliland met claimant at home; claimant confirmed he did not raise adjustment issues.
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First OH report
Occupational health report stated claimant unfit for work with no predicted return date.
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Second OH report
OH report stated claimant unfit for work and unlikely to return within 6-8 months.
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Third OH report
OH report concluded claimant unfit for security role but suggested rehabilitation into alternative role.
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Dismissal meeting
Mr Austin dismissed claimant on grounds of ill health capability after claimant declined alternative role.
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Appeal hearing
Appeal hearing with Mrs Pearsall; claimant confirmed he did not wish to work for respondent.
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Appeal outcome
Appeal partly upheld regarding holiday pay but dismissal decision upheld.
The legal issue
The tribunal had to decide whether the dismissal was fair under the capability procedure, whether the employer failed to make reasonable adjustments, and whether the dismissal itself was discrimination arising from disability.
The outcome
The tribunal dismissed all claims.
- Unfair dismissal: The employer had a genuine reason (capability) and followed a reasonable process over three years, including three occupational health reports and an offer of alternative work. The claimant's refusal of that role and statement that he did not wish to work for the employer made dismissal a reasonable response.
- Reasonable adjustments: The claim was presented outside the three-month time limit, and it was not just and equitable to extend it. The tribunal also found no evidence of a failure to make adjustments in any event.
- Discrimination arising from disability: The dismissal was a proportionate means of achieving a legitimate aim (managing attendance and operational needs), and the employer did not know of the disability at the relevant time.
No compensation was awarded.
Lessons & takeaways
- If you have a disability, raise any need for adjustments promptly and in writing — delays can make it harder to bring a claim later.
- Employers who obtain regular occupational health reports and offer suitable alternative roles are likely to be seen as acting reasonably in a capability dismissal.
- Refusing an offered alternative role without good reason can undermine an unfair dismissal claim, especially if you also say you no longer wish to work for the employer.
- Disability discrimination claims have a strict three-month time limit from the act complained of — missing it can be fatal even if the underlying issue is serious.
A long sickness absence that led to dismissal
This case shows how an employer can fairly dismiss an employee who has been on long-term sick leave, provided they follow a proper process and consider alternatives. The security officer had been off work since April 2018 with a chronic eye condition. Over three years, the employer obtained three occupational health reports and offered him an administrative role. The claimant declined it and told the employer he did not wish to work for them anymore.
What the employer did right
The tribunal noted that the employer did not rush the process. It waited for medical evidence, kept in touch, and offered a different job. When the claimant refused that role and made clear he no longer wanted to work there, the employer had little choice but to dismiss. The tribunal also found that the employer had not known about the disability at the time of the alleged failure to adjust, and that the reasonable adjustments claim was brought too late.
Why this matters for similar claims
Employees who are off sick for a long time should engage with their employer's attempts to find alternative work. Refusing a reasonable offer can weaken a later unfair dismissal claim. Equally, anyone who believes they have been discriminated against because of a disability should act quickly — the three-month time limit is strictly enforced. This case is a reminder that tribunals will look at the whole picture, including the employee's own conduct, when deciding whether a dismissal was fair.
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