Stranded in Gambia during COVID: dismissal for unauthorised absence was fair
A facilities service support assistant with 41 years' service was fairly dismissed after failing to return from the Gambia when flights were available, the tribunal ruled.
1 min read · Last updated 18 May 2026
Case details
- #stranded-abroad
- #covid-19
- #failure-to-provide-evidence
- #gross-misconduct
- #range-of-reasonable-responses
Key facts
- The claimant was stranded in the Gambia from March 2020 due to COVID-19 travel restrictions.
- The respondent kept the claimant on full pay for nearly a year while she was unable to return.
- The claimant failed to provide sufficient evidence of efforts to book flights home despite multiple requests.
- Flights from Gambia to the UK were available from June 2020 at affordable prices.
- The claimant was dismissed for gross misconduct in June 2021 for unauthorised absence and failure to provide documentation.
- The tribunal found the dismissal was fair and within the range of reasonable responses.
Timeline
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Employment started
The claimant began working for the respondent as a facilities service support assistant.
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Annual leave started
The claimant started a period of annual leave, travelling to the Gambia.
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Scheduled return to work
The claimant was due to return to work but was stranded due to COVID-19 travel restrictions.
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Contacted manager
The claimant informed her manager Julie Mould that she was unable to return to work.
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Placed on medical suspension
The respondent placed the claimant on medical suspension, allowing her to continue receiving full pay.
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Informed flights available
Julie Mould emailed the claimant to say flights were available from Gambia to the UK.
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Further flight availability
Julie Mould informed the claimant of daily flights from Gambia to Manchester costing about £200.
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Request for chronology
The claimant was asked to provide a full chronology of efforts to return home.
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Moved to nil pay
The claimant's pay was stopped due to unauthorised absence.
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Disciplinary hearing
The claimant was dismissed for gross misconduct for unauthorised absence and failure to provide documentation.
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Appeal hearing
The claimant's appeal against dismissal was heard and upheld.
The legal issue
The tribunal had to decide whether the employer genuinely believed the claimant had committed misconduct, whether that belief was based on reasonable grounds after a reasonable investigation, and whether dismissal was within the range of reasonable responses for a conduct dismissal.
The outcome
The tribunal dismissed the claim, finding that the University Hospitals of North Midlands NHS Trust acted fairly.
The key reasons were:
- The employer kept the claimant on full pay for nearly a year while she was stranded.
- Flights from Gambia were available from June 2020 at affordable prices, but the claimant failed to provide evidence of efforts to book them.
- The disciplinary process was thorough, and the decision to dismiss for gross misconduct was within the range of reasonable responses.
No compensation was awarded.
Lessons & takeaways
- Employers can fairly dismiss for unauthorised absence if they have given the employee reasonable time and support to return, and the employee fails to cooperate.
- Length of service does not automatically make a dismissal unfair if the misconduct is serious and the process is reasonable.
- Employees who are stranded abroad should keep clear records of their efforts to return and respond promptly to employer requests for evidence.
- An employer's patience and continued pay during a difficult situation can support a finding that dismissal was a last resort.
When patience runs out: a long-serving employee dismissed after a year stranded abroad
This case shows that even an employee with over four decades of service can be fairly dismissed if they fail to cooperate with their employer's reasonable requests. The claimant was on holiday in the Gambia when COVID-19 travel restrictions hit, leaving her unable to return. Her employer, the University Hospitals of North Midlands NHS Trust, kept her on full pay for nearly a year while she was stuck overseas.
However, from June 2020 onwards, flights from Gambia to the UK became available at reasonable prices. The trust repeatedly asked the claimant to provide evidence of her efforts to book a flight home. She failed to do so. By March 2021, her pay was stopped, and in June she was dismissed for gross misconduct: unauthorised absence and failure to provide documentation.
What the employer did right
The tribunal highlighted that the trust acted with considerable patience. It kept the claimant on full pay for 11 months, made multiple requests for information, and gave her every opportunity to explain her situation. The disciplinary hearing considered her long service but concluded that her failure to provide evidence of attempts to return was a serious breach of trust.
The tribunal applied the 'range of reasonable responses' test, which means it did not substitute its own view for the employer's. Instead, it asked whether a reasonable employer could have dismissed in these circumstances. The answer was yes.
What this means for similar claims
Employees who find themselves unable to return to work due to travel restrictions should keep meticulous records of their attempts to return and respond promptly to employer requests. Employers, meanwhile, should follow a fair process and consider all the circumstances, including the employee's length of service. But as this case demonstrates, patience has limits, and a failure to cooperate can justify dismissal even after many years of loyal service.
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