Unpaid sick pay claim succeeds but unfair dismissal and disability discrimination claims fail
A former Royal Mail employee won £308.66 in unpaid sick pay, but his unfair dismissal and disability discrimination claims were dismissed by the tribunal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a disabled person due to anxiety and depression from July to November 2021.
- The respondent conceded the claim for unpaid sick pay and agreed to pay £308.66.
- The claimant's unfair dismissal claim was dismissed as not well founded.
- The claimant's discrimination arising from disability claim was dismissed as not well founded.
Timeline
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Disability period start
The claimant became disabled due to anxiety and depression, lasting until November 2021.
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Preliminary hearing
Employment Judge Dunlop held a preliminary hearing to determine disability status.
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Substantive hearing day 1
The full hearing began in Liverpool before Employment Judge Buzzard and members.
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Judgment given
The tribunal issued its judgment, awarding unpaid sick pay but dismissing unfair dismissal and disability discrimination claims.
The legal issue
The tribunal had to decide whether the former employee was unfairly dismissed, whether he suffered discrimination arising from disability, and whether he was entitled to unpaid sick pay.
The outcome
The tribunal found that the former employee's claims of unfair dismissal and discrimination arising from disability were not well founded and were dismissed. However, Royal Mail conceded the claim for unpaid sick pay, and the tribunal ordered payment of £308.66.
- Unfair dismissal: dismissed as not well founded
- Disability discrimination: dismissed as not well founded
- Unpaid sick pay: £308.66 awarded (conceded by Royal Mail)
Lessons & takeaways
- Conceding a claim for unpaid sick pay does not mean the employer accepts liability for other claims like unfair dismissal or discrimination.
- A disability discrimination claim requires showing that the employer knew or ought to have known of the disability and treated the employee unfavourably because of something arising from it.
- Representing yourself in tribunal can be challenging; legal advice may help in complex cases involving multiple claims.
- Even if a disability is established for a limited period, it may not automatically lead to a successful discrimination claim if the employer's actions were justified.
A partial victory for the former employee
This case shows that even when an employer concedes a straightforward claim for unpaid sick pay, other claims such as unfair dismissal and disability discrimination can still fail. The former employee, who suffered from anxiety and depression during a five-month period in 2021, brought three claims against Royal Mail Group Ltd. The tribunal found that the unfair dismissal and discrimination claims were not well founded, but ordered Royal Mail to pay the agreed sum of £308.66 for unpaid sick pay.
What the tribunal decided
The tribunal had to consider whether the former employee was unfairly dismissed and whether he had been discriminated against because of something arising from his disability. The employee represented himself, while Royal Mail was represented by a solicitor. After hearing the evidence, the tribunal dismissed both the unfair dismissal and discrimination claims. The unpaid sick pay claim was conceded by Royal Mail at the hearing, so the tribunal ordered payment of the agreed amount.
What could have been done differently
For employers, this case demonstrates that conceding a minor claim does not weaken the defence of other claims. However, it also highlights the importance of ensuring that all sick pay obligations are met to avoid unnecessary litigation. For employees, the outcome underscores the difficulty of proving unfair dismissal and disability discrimination, especially when representing yourself. Obtaining legal advice early on could help assess the strength of each claim and avoid pursuing weak cases.
Why this matters
This case is a reminder that employment tribunal claims are assessed on their individual merits. A successful claim for unpaid sick pay does not guarantee success on other grounds. Employees considering bringing multiple claims should carefully evaluate the evidence for each one, and employers should ensure they comply with basic contractual obligations like sick pay to reduce the risk of litigation.
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