Dismissed after absence management meetings: tribunal rejects disability discrimination claims
An employee with a mental health disability lost all claims of unfair dismissal and discrimination after the tribunal found the health board's absence management process was reasonable.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed by the respondent health board.
- The claimant had a disability involving mental ill-health.
- The claimant was dismissed following absence management meetings.
- The claimant brought claims of unfair dismissal, disability discrimination, and harassment.
- The tribunal found all claims not well-founded and dismissed them.
Timeline
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Harassment alleged from this date
Claimant alleges harassment relating to disability from this date onwards, concerning conduct of absence management meetings.
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First dismissal meeting
One of the final meetings where the claimant was dismissed.
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Second dismissal meeting
Another final meeting where the claimant was dismissed.
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First hearing (preliminary)
Hearing on time limits; some claims dismissed as out of time, others allowed to proceed.
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Reading day
Reading day for the substantive hearing.
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Substantive hearing day 1
First day of the substantive hearing.
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Substantive hearing day 2
Second day; claimant represented by Ms J Murphy on this day only.
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Substantive hearing day 3
Third day of hearing.
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Judgment given
Tribunal dismissed all remaining claims.
The legal issue
The tribunal had to decide whether the employee's dismissal and the way absence management meetings were handled amounted to unfair dismissal, disability discrimination, or harassment.
The outcome
The tribunal dismissed all claims: unfair dismissal, discrimination arising from disability, direct disability discrimination, and harassment. The key reason was that the health board's actions were within the range of reasonable responses and not discriminatory. No compensation was awarded as the claims failed.
Lessons & takeaways
- Employers can defend disability discrimination claims if they can show that their actions were a proportionate means of achieving a legitimate aim, such as managing attendance.
- Employees with disabilities should ensure they engage with absence management processes and provide up-to-date medical evidence to support their case.
- Time limits for bringing discrimination claims are strict; claims about events more than three months old may be dismissed unless it is just and equitable to extend time.
- Representing yourself at tribunal is possible but can be challenging; having legal representation may improve the chances of success.
This case shows how employment tribunals approach disability discrimination claims arising from absence management processes. The former employee, who had a mental health disability, argued that the way the health board conducted absence management meetings and ultimately dismissed her was discriminatory and unfair. However, the tribunal found that the health board's actions were reasonable and not motivated by disability.
What the health board did right
The health board followed its policies and procedures throughout the absence management process. The tribunal accepted that the meetings were conducted with the employee's mental health in mind, and that the decision to dismiss was based on the employee's long-term absence and the need to manage the service. The health board also conceded some claims were in time, but ultimately the evidence did not support a finding of discrimination.
Why the employee's claims failed
The tribunal found that the employee's allegations of harassment and discrimination were not made out on the facts. The absence management meetings were not conducted in a way that amounted to harassment, and the dismissal was for a fair reason (conduct/capability) and was a reasonable response. The employee also struggled with time limits: many of the earlier allegations were dismissed as out of time, as the tribunal found it was not just and equitable to extend time.
What this means for similar claims
This case is a reminder that not every dismissal of a disabled employee will be discriminatory. Employers can defend claims if they can show they acted reasonably and for a legitimate business reason. Employees should be aware of the strict time limits for bringing discrimination claims and should seek legal advice early. The outcome also highlights the importance of keeping detailed records of meetings and decisions, as the tribunal relied on the health board's documentation to find that its actions were reasonable.
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