Warehouse operative with 9 years' service dismissed for long-term incapability: employer's process found fair
A Leeds tribunal dismissed claims of unfair dismissal and disability discrimination brought by a warehouse operative with chronic back pain, finding that the employer's consultation and medical evidence were reasonable.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a warehouse operative from 9 June 2014.
- She suffered from back pain from September 2018, with periods of absence.
- The tribunal found she was disabled from 21 September 2019 due to back pain.
- She was dismissed on 5 November 2021 due to long-term incapability.
- The respondent consulted with the claimant, obtained medical reports, and held absence review meetings.
- The claimant's claims of unfair dismissal and disability discrimination were dismissed.
Timeline
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Employment started
Claimant began working as a Production Operative at Fibreline Ltd.
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First absence due to sciatica
Claimant was absent from work due to sciatica.
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Alleged accident at work
Claimant reported an accident at work causing back pain.
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Returned to work on light duties
Claimant returned to work in the feather department with reduced hours and no heavy lifting.
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Returned to full-time hours
Claimant's hours increased to 8 hours per day.
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Stair incident with manager
Claimant had a heated exchange with Ged Bishton while climbing stairs; he raised his voice due to safety concerns.
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Final sickness absence began
Claimant was certified unfit for work due to back pain and did not return.
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Dismissal meeting
Claimant met with Richard Prudhoe; told her employment would be terminated due to incapability.
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Employment terminated
Claimant's employment ended after notice period.
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Claim presented to tribunal
Claimant brought claims of unfair dismissal and disability discrimination.
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Final judgment
Tribunal dismissed all claims.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed due to capability and whether the respondent discriminated against her by failing to make reasonable adjustments, harassing her, or treating her unfavourably because of her disability.
The outcome
The tribunal dismissed all claims.
- The claimant, a warehouse operative with 9 years' service, suffered from long-term back pain and was dismissed in November 2021 after a final period of absence starting in February 2021.
- The tribunal found that the employer had consulted with the claimant, obtained medical reports, and held absence review meetings. The dismissal was within the range of reasonable responses for a capability dismissal.
- The disability discrimination claims (failure to make reasonable adjustments, harassment, and discrimination arising from disability) were also dismissed, partly because some claims were out of time and partly because the employer had acted reasonably.
- No compensation was awarded.
Lessons & takeaways
- Employers should ensure they obtain up-to-date medical evidence and consult with the employee before dismissing on capability grounds.
- Employees with long-term health conditions should consider seeking advice on reasonable adjustments early, as delays can affect the viability of claims.
- Time limits for bringing discrimination claims are strict; claims must be presented within three months of the alleged act.
- A long period of service does not automatically make a dismissal unfair if the employer follows a fair process and has sound medical evidence.
A fair process for long-term sickness
This case illustrates that employers can fairly dismiss an employee with long-term sickness if they follow a proper process. The claimant, a warehouse operative with nine years' service, had back pain that led to significant absences. After a final absence of over eight months, the employer dismissed her on capability grounds. The tribunal found that the employer had consulted with her, obtained medical reports, and held review meetings — steps that amounted to a reasonable procedure.
What the employer did right
The employer did not rush to dismissal. It kept in touch with the claimant, sought medical opinions, and considered whether she could return to work. The tribunal noted that the employer had offered light duties earlier in her employment and had adjusted her hours. When the final absence began, the employer waited several months before making a decision, and gave the claimant an opportunity to comment on the medical evidence. These actions placed the dismissal within the 'range of reasonable responses' that a fair employer might adopt.
Why the disability claims failed
The claimant also argued that the employer had failed to make reasonable adjustments and had harassed her. The tribunal dismissed these claims for two main reasons. First, some of the alleged acts occurred outside the three-month time limit for bringing a claim. Second, on the merits, the employer had already made adjustments (such as light duties and reduced hours) and the incident alleged as harassment — a manager raising his voice about safety — was not related to her disability. The tribunal also found that the employer did not treat her unfavourably because of her disability; the dismissal was based on capability, not on her condition itself.
Key takeaway for employees
For employees with long-term health conditions, this case is a reminder that employers can dismiss fairly if they follow a proper process. It also highlights the importance of keeping a close eye on time limits for discrimination claims. The claimant brought her claim several months after dismissal, and some of her allegations were too late to be considered. Anyone considering a tribunal claim should seek advice promptly to avoid missing deadlines.
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