Traffic engineer dismissed after long-term sickness: capability decision upheld
A traffic engineer with PTSD and chronic pain was fairly dismissed for capability after years of sickness absence and negligible work output, the Watford tribunal has ruled.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Traffic Engineer from 8 June 2015 until dismissal on 11 March 2021.
- He suffered from PTSD, lower back pain, and groin pain, which were accepted as disabilities.
- He was dismissed on grounds of capability due to long-term sickness absence and negligible work output.
- The tribunal found no discrimination, harassment, victimisation, or failure to make reasonable adjustments.
- The dismissal was held to be fair and within the range of reasonable responses.
- Many of the claimant's allegations were struck out or dismissed as out of time or without merit.
Timeline
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Employment started
Claimant commenced employment as a Traffic Engineer with the London Borough of Brent.
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Unprovoked attack
Claimant was assaulted by two unknown men, leading to PTSD and physical pain.
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PTSD diagnosis
Claimant was diagnosed with PTSD.
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Sickness absence begins
Claimant started a period of long-term sickness absence due to chronic pain and stress.
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Work allocation dispute
Claimant refused to carry out work allocated by a senior female colleague, leading to disciplinary proceedings.
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First claim presented
Claimant presented a claim form alleging disability and race discrimination.
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Dismissal
Claimant was dismissed on grounds of capability due to long-term sickness and negligible work output.
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Final hearing starts
The final merits hearing began, lasting 15 days.
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Judgment issued
The tribunal issued its reserved judgment dismissing all claims.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed and whether he had been subjected to disability or race discrimination, harassment, victimisation, or a failure to make reasonable adjustments.
The outcome
The tribunal dismissed all claims, including unfair dismissal, disability discrimination, race discrimination, harassment, victimisation, and failure to make reasonable adjustments.
The key reasons were:
- The dismissal was fair and within the range of reasonable responses, based on the employee's long-term sickness absence and negligible work output.
- Many allegations were struck out or dismissed as out of time or without merit.
- No discrimination or failure to make reasonable adjustments was found.
No compensation was awarded.
Lessons & takeaways
- Employers can fairly dismiss for capability if an employee has been on long-term sick leave with no realistic prospect of returning to full duties.
- A thorough process, including occupational health advice and consideration of adjustments, helps demonstrate a fair dismissal.
- Allegations of discrimination must be brought within time limits; late claims will be struck out.
- Employees should engage with occupational health and consider reasonable adjustments to avoid capability proceedings.
What this case shows in practice
This case illustrates how an employer can fairly dismiss a long-serving employee who is unable to return to work due to disability-related sickness. The traffic engineer had been off work for several years with PTSD and chronic pain, and his work output was negligible when he did attend. The London Borough of Brent followed a capability process, obtained occupational health advice, and considered adjustments before deciding to dismiss.
What the employer did right
The employer took a structured approach: they obtained medical reports, held meetings, and considered alternative roles. The tribunal noted that the decision to dismiss was within the range of reasonable responses, given the employee's long absence and lack of improvement. The employee's claims of discrimination and failure to make adjustments were rejected because the employer had acted reasonably and without discriminatory motive.
Why the result matters
For employees, this case is a reminder that even with a recognised disability, an employer may fairly dismiss if the employee cannot perform their role. For employers, it confirms that a well-documented capability process, with proper medical evidence, can withstand scrutiny. The case also highlights the importance of bringing discrimination claims promptly, as many of the employee's allegations were dismissed as out of time.
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