Shed builder with bowel cancer dismissed on the spot: default judgment leads to £10,610 award

A sudden dismissal after a cancer diagnosis

The claimant, a part-time shed builder with seven years' service, was diagnosed with bowel cancer in April 2020. He kept in touch with his employer, Hunt Sheds Limited, providing regular fit notes. In January 2021, he met with Mr Hunt to discuss returning to work, and it was suggested he wait until his stoma was removed. But when he attended the premises in August 2021 to talk about returning, Mr Hunt told him he hadn't 'a fucking days' work' in him and dismissed him on the spot.

The employer did not seek any medical advice or consider whether the claimant could work with adjustments. The tribunal later accepted that the claimant's bowel cancer was a disability under the Equality Act 2010, and that the dismissal was both unfair and an act of discrimination arising from disability.

What the employer could have done differently

Hunt Sheds Limited could have avoided this outcome by engaging with the claimant's situation properly. They could have obtained an occupational health report, considered temporary adjustments or a phased return, and followed a fair capability process. Instead, they dismissed him without warning, and then failed to respond to the tribunal claim on time, leading to a default judgment on liability. Even after the default judgment, they did not attend the remedy hearing or apply for reconsideration.

Why this case matters

This case shows that employers cannot simply dismiss an employee with a serious illness without proper process. It also highlights the importance of responding to tribunal claims promptly. For employees, it demonstrates that even if you are dismissed while off sick, you may have strong claims for unfair dismissal and disability discrimination, and can recover compensation for injury to feelings as well as financial losses.