Customer service agent wins sick pay claim but loses unfair dismissal and disability discrimination cases
A customer service agent with 12 years' service was awarded £2,213.32 after dnata Limited breached his contract by failing to pay sick pay correctly, but his unfair dismissal and all disability discrimination claims were rejected.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a customer service agent from 19 November 2007 until dismissal on 12 March 2020.
- The claimant had ischaemic heart disease (accepted as a disability) and stress, anxiety, depression (found disabled from 23 December 2019).
- The claimant's sick pay terms did not include a requirement to work 12 months absence-free before requalifying for company sick pay.
- The respondent breached contract by failing to pay sick pay in accordance with the correct terms.
- The claimant was dismissed for capability due to sickness absence; the dismissal was found fair.
- All discrimination claims (direct, s.15, harassment, victimisation, reasonable adjustments) were dismissed.
Timeline
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Employment started
Claimant began employment as a full-time ramp agent for Aviance UK Limited.
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Signed new contract
Claimant signed a permanent full-time contract with dnata Ltd, moving from Aviance terms to dnata standard terms.
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Occupational health report
Dr Watts recommended at management discretion that the claimant finish late shifts one hour earlier (20:15) to reduce walking to gates.
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Meeting about OH report
SS and DM discussed the OH report with the claimant; SS made comments about other employees with stents, which the claimant found upsetting.
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Moved to Royal Jordanian contract
Claimant started working on the RJ contract with earlier finish times, resulting in loss of shift allowance.
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Disability from mental impairment
Claimant found disabled by reason of stress, anxiety and depression from this date.
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Dismissal
SS dismissed the claimant for capability due to sickness absence under the Managing Attendance Policy.
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Appeal dismissed
MA upheld the dismissal on appeal.
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Judgment and remedy
Tribunal found breach of contract/unauthorised deductions for sick pay; ordered payment of £2,213.32. All other claims dismissed.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for capability, whether dnata breached his contract by failing to pay sick pay under the correct terms, and whether various claims of disability discrimination, harassment, victimisation, and failure to make reasonable adjustments were well-founded.
The outcome
The tribunal partially upheld the claimant's case. It found that dnata breached the claimant's contract by failing to pay sick pay in accordance with the correct terms, which did not require a 12-month absence-free period before requalifying for company sick pay. The claimant was awarded £2,213.32 for this breach.
However, the tribunal dismissed all other claims:
- The dismissal for capability due to sickness absence was found fair.
- All disability discrimination claims (direct, s.15, harassment, victimisation, and failure to make reasonable adjustments) were dismissed.
- The claimant was found disabled from 23 December 2019 due to mental impairment (stress, anxiety, depression), but this did not affect the outcome of the discrimination claims.
Lessons & takeaways
- Check your contract's sick pay terms carefully – employers may apply the wrong rules, leading to successful breach of contract claims.
- Length of service (here 12 years) does not automatically make a capability dismissal unfair if the employer follows a proper process and the absence is prolonged.
- Disability discrimination claims require evidence that the employer knew or ought to have known of the disability and failed to make adjustments or treated the employee unfavourably because of it.
- A fair dismissal for capability can still succeed even if the employee is disabled, provided the employer acts reasonably in the circumstances.
A mixed outcome for a long-serving employee
This case shows that even a 12-year employee can be fairly dismissed for long-term sickness absence, provided the employer follows a proper process. The customer service agent had been off work with ischaemic heart disease and stress, anxiety, and depression. Despite his disability, the tribunal found that dnata's decision to dismiss for capability was within the range of reasonable responses.
The sick pay breach: a contractual win
Where dnata fell short was in its application of the sick pay policy. The company had interpreted the rules to require 12 months' absence-free work before the claimant could requalify for company sick pay. The tribunal found that this was not a term of his contract. By failing to pay sick pay under the correct terms, dnata breached the contract and made unauthorised deductions from wages. The claimant was awarded £2,213.32.
Discrimination claims rejected
The tribunal dismissed all disability discrimination claims, including those for direct discrimination, discrimination arising from disability, harassment, victimisation, and failure to make reasonable adjustments. The claimant was found to be disabled from 23 December 2019 due to mental impairment, but the tribunal concluded that dnata had not treated him unfavourably because of his disability. The employer had offered adjustments such as earlier finish times, and the dismissal was based on capability, not disability.
What this means for similar claims
For employees, this case highlights the importance of checking contractual sick pay terms – a simple misinterpretation can lead to a successful claim. For employers, it confirms that a fair capability dismissal can withstand challenge even where the employee is disabled, as long as the process is reasonable and not discriminatory. However, employers must ensure they apply the correct contractual terms when paying sick pay.
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