Senior audiologist with 25 years' service dismissed during long-term sick leave: tribunal finds NHS Trust acted fairly
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.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #depression
- #occupational-health
- #reasonable-adjustments
- #audiology-service
- #commute-related-stress
Key facts
- The claimant was employed as a senior audiologist from 24 August 1995 until dismissal on 30 April 2021.
- She suffered from depression, accepted as a disability, and had adjustments including working near home with a rest day after long commutes.
- In December 2019, proposed rota changes to accommodate another disabled employee were discussed but never imposed.
- The claimant went on sick leave on 20 December 2019 and never returned.
- After over a year of absence, the respondent dismissed her for capability (ill-health) on 30 April 2021.
- The claimant agreed that dismissal was appropriate and did not appeal.
Timeline
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Employment started
Claimant began work as an audiologist, later promoted to senior audiologist.
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First adjustment for travel
Occupational Health recommended working close to home to reduce travelling time.
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Reduced hours agreed
Claimant agreed to work 33.3 hours over four days with a rest day on Thursday.
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Proposed changes for colleague
Manager notified claimant of potential rota changes to accommodate another disabled employee.
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Proposed rota sent
Manager sent a proposed four-week rota with changes in weeks two and four, which claimant objected to.
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Claimant went on sick leave
After equipment issues and a difficult patient, claimant took sick leave and never returned.
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First long-term sickness review
Meeting to discuss absence and potential return; claimant had panic attack when HR present.
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Final sickness review meeting
Claimant confirmed she was not fit to return and agreed dismissal was appropriate.
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Dismissal letter sent
Respondent confirmed dismissal for capability (extended ill-health) with notice expiring 22 July 2021.
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Claim presented to tribunal
Claimant brought claims for unfair dismissal and disability discrimination.
The legal issue
The tribunal had to decide whether the dismissal for capability due to long-term sickness was fair, and whether the Trust discriminated by failing to make reasonable adjustments or by dismissing for something arising from disability.
The outcome
The tribunal dismissed all claims. It held that the dismissal for capability was fair because:
- The claimant had been absent for over a year and agreed dismissal was appropriate.
- The Trust followed a proper process, including occupational health reviews and meetings.
- The claimant did not appeal the dismissal.
No compensation was awarded as the respondent won.
Lessons & takeaways
- If you agree that dismissal is appropriate during a sickness absence process, it will be very difficult to later claim unfair dismissal.
- Not appealing a dismissal decision can significantly weaken a subsequent unfair dismissal claim.
- Employers should ensure they follow a fair process, including obtaining up-to-date medical evidence, even if the employee agrees dismissal is appropriate.
- Long-serving employees are entitled to a thorough process, but if they consent to dismissal, the employer's decision is likely to be reasonable.
A long career disrupted by stress
The claimant had worked for the Royal Cornwall Hospitals NHS Trust for 25 years as a senior audiologist. She suffered from depression, accepted as a disability, and had adjustments in place to manage her condition, including working near home and a rest day after long commutes. In December 2019, proposed rota changes to accommodate another disabled employee caused her significant stress. She went on sick leave on 20 December 2019 and never returned.
A fair process, despite the outcome
After over a year of absence, the Trust dismissed her for capability (ill-health) on 30 April 2021. The claimant agreed that dismissal was appropriate and did not appeal. The tribunal found that the Trust had followed a proper process, including occupational health reviews and meetings. The claimant's agreement and lack of appeal were key factors in the decision that the dismissal was fair.
What could have been done differently?
From the claimant's perspective, if she believed the dismissal was unfair, she should have appealed internally. From the Trust's perspective, they acted reasonably given the circumstances. The case highlights that even long-serving employees can be fairly dismissed if they consent to the process and do not challenge it.
Why this matters
This case shows that when an employee agrees that dismissal is appropriate and does not appeal, tribunals are likely to uphold the employer's decision. It also underscores the importance of following a fair procedure, even when the employee appears to consent. For employees, it is a reminder to consider all options before agreeing to dismissal, as it can be difficult to later claim unfairness.
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