Technical Services Manager dismissed after 16 months' sick leave: a capability dismissal that was fair
A Technical Services Manager who refused to attend welfare meetings or complete health questionnaires was fairly dismissed on capability grounds after 16 months' absence. The tribunal rejected his claims for unfair dismissal, redundancy pay, and arrears of pay.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #capability-dismissal
- #failure-to-cooperate
- #refusal-to-attend-meetings
- #health-questionnaire
Key facts
- The claimant was employed from 1 April 2011 to 25 February 2022 as Technical Services Manager.
- The claimant was moved from customer services to the warehouse in October 2020 due to performance concerns.
- The claimant went on sick leave on 22 October 2020 and did not return to work before dismissal.
- The claimant refused to attend welfare meetings or complete health questionnaires during his absence.
- The respondent dismissed the claimant on grounds of capability after 16 months of absence.
- The claimant was paid all statutory sick pay and accrued holiday pay.
Timeline
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Employment started
Claimant commenced employment with the respondent.
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Informed of move to warehouse
Claimant's line manager told him he would be moved to the warehouse from 22 October 2020.
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First day in warehouse
Claimant attended work but refused to work in warehouse initially; after confirmation, he went to warehouse but was sent home to get appropriate footwear and never returned.
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Letter about unauthorised absence
Respondent hand-delivered a letter to claimant's home regarding his unauthorised absence.
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Claimant made contact
Claimant emailed alleging he fell ill due to aggressive communication from Mr Digwa.
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First fit note
Claimant provided first fit note for 'Anxiety, Low mood, Stress at Work'.
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Welfare meeting
Telephone welfare meeting held; claimant could not give return-to-work timeframe.
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Final meeting
Meeting where claimant stated he was 80% fit and would not return until 100%.
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Dismissal
Respondent terminated claimant's employment on grounds of capability.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed on capability grounds, whether he was entitled to a redundancy payment (he was not made redundant), and whether he was owed arrears of pay for the period of sick leave.
The outcome
The tribunal dismissed all claims.
- Unfair dismissal: The dismissal was for a potentially fair reason (capability) and the employer acted reasonably. The claimant had been absent for 16 months, refused to attend welfare meetings or complete health questionnaires, and could not give a return-to-work date.
- Redundancy payment: Not due, as the claimant was not made redundant.
- Arrears of pay: Not due. The claimant had received all statutory sick pay and accrued holiday pay; there was no contractual right to full pay during sickness.
Lessons & takeaways
- If you are off sick long-term, cooperating with your employer's welfare meetings and health questionnaires can be crucial to avoiding dismissal.
- An employer can fairly dismiss for capability after a prolonged absence if the employee cannot give a realistic return date and refuses to engage.
- Claims for redundancy pay will fail if the role still exists and the dismissal was for capability, not redundancy.
- There is no automatic right to full pay during sick leave unless your contract says so – statutory sick pay may be all you are entitled to.
What this case shows in practice
This case highlights the importance of cooperation during long-term sickness absence. The Technical Services Manager, who had 11 years' service, went on sick leave in October 2020 after being moved to a warehouse role. He never returned to work. Over the next 16 months, he refused to attend welfare meetings or complete health questionnaires, leaving his employer with little information about his condition or likely return date.
The employer eventually dismissed him on capability grounds. The tribunal found that the employer had acted reasonably: it had tried to engage with the claimant, obtained medical evidence where possible, and gave him every opportunity to participate. The claimant's refusal to cooperate meant the employer could not plan for his return, and the dismissal was fair.
What the losing side could have done differently
The claimant could have attended the welfare meetings and completed the health questionnaires. Even if he felt unable to return to work, providing medical updates and a realistic prognosis would have given his employer a basis to consider adjustments or a phased return. Instead, his silence left the employer with no option but to conclude that he was no longer capable of doing the job.
Why the result matters for similar claims
This case is a reminder that long-term sickness does not automatically make a dismissal unfair. Employers are expected to follow a fair process – consulting the employee, obtaining medical advice, and considering alternatives – but if the employee refuses to engage, the employer may be justified in dismissing. It also shows that claims for redundancy pay or arrears of pay will fail if the real reason for dismissal is capability, not redundancy, and if there is no contractual right to full pay during sickness.
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