Travel trainer dismissed after council failed to match her to suitable role: reasonable adjustments and unfair dismissal
A travel trainer with eight years' service was unfairly dismissed and discriminated against when her employer failed to make reasonable adjustments by requiring her to compete for a vacant role. The tribunal awarded £86,787.82.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was injured at work in February 2016, leaving her less mobile and unable to perform her Travel Trainer role.
- The respondent created an adapted office-based role for the claimant from August 2016.
- The claimant was placed on the redeployment register in September 2018 and applied for several roles but was unsuccessful.
- The respondent dismissed the claimant on 16 August 2019 on grounds of capability due to ill health.
- The tribunal found that the respondent failed to make reasonable adjustments by not matching the claimant to a vacant Grade 4 role without requiring an interview.
- The tribunal reduced compensation by 20% for contributory fault due to the claimant's incomplete job applications.
Timeline
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Work accident
The claimant fell on a bus, injuring her neck, back, and knees, leading to reduced mobility.
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Transfer to respondent
The claimant's employment transferred to London Borough of Croydon under TUPE.
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Restructure proposal
The respondent proposed restructuring the Travel Training team, including assimilating all Travel Trainers into new Grade 4 roles.
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Placed on redeployment register
The claimant was placed on the redeployment register and given 12 weeks to find an alternative role.
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Last failure to adjust
The claimant was prevented from applying for a Business Support Officer role online, the last omission found to be a failure to make reasonable adjustments.
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Final attendance review meeting
The claimant attended a final meeting where dismissal was considered.
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Dismissal
The claimant was dismissed on grounds of capability due to ill health.
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Liability judgment
The tribunal upheld claims of unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments.
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Interim remedy judgment
The tribunal awarded a basic award of £2,140.32 and compensation for discrimination of £75,480.06, subject to further hearings for future losses.
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Final remedy judgment
The tribunal awarded further compensation of £84,800.60, resulting in a total award of £86,787.82 after grossing up and adjustments.
The legal issue
The tribunal had to decide whether the employer's decision to dismiss on capability grounds was fair and whether it had discriminated by failing to make reasonable adjustments and by treating the employee unfavourably because of something arising from her disability (her reduced mobility).
The outcome
The tribunal upheld claims of unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments. It found that the employer's process was flawed because it did not consider matching the employee to a vacant Grade 4 role without requiring an interview, which would have been a reasonable adjustment.
Compensation:
- Basic award: £2,140.32
- Compensatory award (including injury to feelings): £84,647.50
- Total before reduction: £86,787.82
- Reduced by 20% for contributory fault: final award £69,430.26
Lessons & takeaways
- Employers should consider direct matching to a suitable alternative role as a reasonable adjustment, rather than requiring a disabled employee to compete in a competitive interview process.
- A failure to make reasonable adjustments can turn an otherwise fair capability dismissal into an unfair dismissal and discrimination.
- Employees with disabilities who are at risk of redundancy or dismissal should be given priority consideration for suitable vacancies, and employers should document their efforts.
- The tribunal may reduce compensation if the employee's own conduct contributed to the dismissal, such as by submitting incomplete job applications.
What this case shows in practice
This case illustrates how a well-intentioned redundancy or capability process can still be discriminatory if it fails to consider reasonable adjustments. The employee, a travel trainer with eight years' service, was injured at work and became less mobile. Her employer created a temporary adapted role but later restructured the team, placing her on the redeployment register. When she applied for a suitable Grade 4 role, she was required to go through a competitive interview process, which she did not succeed in. The tribunal found that the employer should have matched her directly to that role as a reasonable adjustment, given her disability and long service.
What the employer could have done differently
The London Borough of Croydon could have avoided liability by considering direct appointment to the vacant role without requiring an interview. The tribunal noted that the employee was well-known and had the necessary skills. Instead, the council put her through a standard recruitment process, which was not a reasonable adjustment. The council also failed to assist her with online applications, which the tribunal found was another failure to make reasonable adjustments. A more proactive approach to redeployment, including ensuring applications were accessible, would have likely prevented the claim.
Why this matters for similar claims
This case reinforces that the duty to make reasonable adjustments extends to the redeployment process. Employers cannot simply treat disabled employees the same as others when they are at risk of dismissal. The 20% reduction for contributory fault (due to incomplete applications) shows that employees also have responsibilities, but the core lesson is that employers must actively remove barriers. The substantial award of over £86,000, including injury to feelings, underscores the serious consequences of failing to do so.
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