Ill-health dismissal after 18 months' redeployment: Network Rail's process was fair
A Works Delivery Manager with 7 years' service was dismissed on capability grounds after a long redeployment period. The tribunal upheld the dismissal, finding the employer's process reasonable.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #mental-health
- #redeployment
- #occupational-health
- #suitability-interview
- #level-crossing-manager
Key facts
- The claimant was employed as a Works Delivery Manager from 21 January 2014 until dismissal on 11 May 2021.
- He suffered from severe depression and anxiety, attempted suicide, and was diagnosed with a disability.
- He could not return to his substantive role in Leeds and was placed on redeployment from November 2019.
- The claimant was dismissed on grounds of ill health capability after no suitable alternative role was found.
- The tribunal found that the respondent had a PCP of dismissing employees who cannot be redeployed within a reasonable time.
- The claimant was not given a ring-fenced suitability interview for a Level Crossing Manager role, but the tribunal concluded he would not have been appointed anyway.
Timeline
-
Employment commenced
Claimant started work as a Works Delivery Manager for Network Rail.
-
Workplace difficulties began
Claimant experienced issues with team members, including disciplinary actions that were overturned on appeal.
-
Long-term sickness absence started
Claimant began a lengthy period of sickness absence due to severe depression and anxiety.
-
Occupational Health advice
OH advised claimant should not return to Leeds and recommended alternative work location closer to home.
-
Redeployment process agreed
Claimant confirmed he would not return to Leeds; respondent agreed to start redeployment process.
-
Placed on redeployment register
Claimant was formally placed on the redeployment register.
-
First ill health severance meeting
Claimant was informed that no suitable roles had been found and dismissal was likely.
-
Dismissal confirmed
Claimant was given 6 months' notice of termination on grounds of ill health capability.
-
Competitive interview for LXM role
Claimant attended a competitive interview for a Level Crossing Manager role, rather than a suitability interview.
-
Employment ended
Claimant's employment terminated after notice period.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed and whether the employer discriminated by failing to make reasonable adjustments and by dismissing him because of something arising from his disability.
The outcome
The tribunal dismissed all claims, finding that Network Rail's decision to dismiss on ill-health capability grounds was within the range of reasonable responses.
Key reasons:
- The employee had been on redeployment for 18 months, and no suitable alternative role was found.
- Although the employee was not given a ring-fenced suitability interview for a Level Crossing Manager role, the tribunal concluded he would not have been appointed anyway due to his lack of relevant experience.
- The employer's provision of a competitive interview was a reasonable adjustment, and the dismissal was not discriminatory.
No compensation was awarded.
Lessons & takeaways
- Long redeployment periods can support a fair dismissal if the employer actively seeks suitable roles and keeps the employee informed.
- Even if a procedural step is missed, a tribunal may find the dismissal fair if the outcome would have been the same.
- Employees with disabilities should request reasonable adjustments early and document any failures to provide them.
- Employers should ensure that redeployment policies are followed, but a minor breach may not render a dismissal unfair.
A long road to redeployment
The claimant, a Works Delivery Manager with 7 years' service, had been off work since September 2018 with severe depression and anxiety. After occupational health advised he could not return to his Leeds-based role, the employer placed him on the redeployment register in November 2019. For the next 18 months, Network Rail searched for suitable alternative roles across the organisation.
The missed interview
In March 2021, a Level Crossing Manager role became available. The claimant was given a competitive interview rather than a ring-fenced suitability interview, which the redeployment policy arguably required. The tribunal accepted this was a procedural flaw, but found it did not make the dismissal unfair because the claimant lacked the required experience and would not have been appointed even with a suitability interview.
Why the dismissal was fair
The tribunal emphasised that the employer had engaged in a lengthy and genuine redeployment process, kept the claimant informed, and ultimately dismissed only after it became clear no suitable role existed. The decision to dismiss on ill-health capability grounds was within the range of reasonable responses. The claims of disability discrimination also failed, as the employer had made reasonable adjustments and the dismissal was not because of something arising from the disability.
What this means for similar cases
This case shows that a long-term sickness dismissal can be fair if the employer has genuinely explored redeployment over a reasonable period. A single procedural error may not be fatal if the outcome would have been the same. Employees in similar situations should engage with the redeployment process and raise any concerns about adjustments promptly.
Similar cases
Customer service assistant dismissed on medical grounds without recommended risk assessment
A tribunal has upheld the dismissal of a London Underground customer service assistant with 13 years' service, finding that the employer acted reasonably despite not carrying out a recommended risk assessment before termination.
Dismissed after 12 years due to long-term sickness: employer's redeployment efforts upheld
A Food Technology Technician with 12 years' service was fairly dismissed for capability after a long-term sickness absence, the tribunal ruled, finding the employer had properly considered redeployment and made reasonable adjustments.
NHS healthcare assistant dismissed after 20-month sick leave: disability discrimination claim fails
A healthcare assistant with 7 years' service was dismissed after 20 months' sick leave due to a work-related arm and neck injury. The tribunal found the NHS trust's decision was proportionate, balancing patient safety and staffing needs.
Dismissed after refusing redeployment: a capability decision that passed the fairness test
A Housing Solutions Assistant with PTSD was fairly dismissed after a lengthy sickness absence when he refused all redeployment options, the tribunal has ruled.