Tag
#sickness-absence
27 cases tagged Sickness Absence.
Latest cases
Showing the 20 most recent of 27 cases
Black psychiatric nurse passed over for dual diagnosis lead role: race and sex discrimination upheld
A Black African community psychiatric nurse with 15 years' service was found to have been discriminated against when two white female colleagues were appointed to a specialist lead role he was qualified for. The tribunal upheld his claims of direct race and sex discrimination and harassment.
Support worker dismissed after 6 months' sick leave: employer's decision upheld
A support worker with depression was dismissed after six months' sick leave. The tribunal upheld the dismissal, finding the council acted reasonably and proportionately.
Café manager with 17 years' service unfairly dismissed after redundancy and missed vacancy
A café manager with 17 years' service was unfairly dismissed when her employer failed to inform her of a sales assistant vacancy during redundancy consultation. The tribunal awarded £560.28 after applying a 66.7% Polkey reduction.
Shift team leader loses constructive dismissal claim after credibility issues
A shift team leader with 9 years' service resigned after being placed on a performance improvement plan, but the tribunal dismissed all claims, finding no breach of contract and serious credibility problems with his evidence.
Security officer with 17 years' service dismissed for refusing hand sanitiser checks: unfair but heavily reduced award
A security officer who refused to carry out hand sanitiser checks was unfairly dismissed due to a flawed investigation, but his 75% contribution and a 90% Polkey reduction meant he received only £5,281.
Constructive unfair dismissal claim fails after employer followed proper grievance process
A maintenance worker with 11 years' service resigned after his employer investigated and responded to his grievance. The tribunal found the process was fair and dismissed his constructive unfair dismissal claim.
Research assistant's redundancy claim fails: funding cessation was genuine reason
A research assistant with 12 years' service lost her claim for unfair dismissal, whistleblowing detriment and disability discrimination after the tribunal found her redundancy was genuinely due to loss of funding.
Long COVID and probation dismissal: why the DVLA's decision was lawful
A Customer Support Officer with long COVID and diabetes was dismissed after 8 months' absence. The tribunal rejected his disability discrimination claims, finding the DVLA acted reasonably.
Zero-hours pastry chef loses unfair dismissal claim after tribunal finds no dismissal occurred
A pastry chef on a zero-hours contract claimed she was verbally dismissed during a 10-minute meeting, but the tribunal found no dismissal took place and struck out her claims.
Seasonal groundsman dismissed while running own business: disability discrimination claims fail
A seasonal groundsman who was dismissed while signed off sick lost his disability discrimination and unfair dismissal claims after the tribunal found he was not genuinely unable to work due to his disability but was instead pursuing his own private businesses.
Bus driver with long COVID dismissed the day after furlough ended: unfair dismissal and disability discrimination
A bus driver with long COVID was dismissed the day after furlough ended, without waiting for specialist medical input. The tribunal found unfair dismissal and disability discrimination, awarding £2,597.04.
Healthcare assistant dismissed during probation: discrimination claims fail
A healthcare assistant who was dismissed during his probationary period for sickness absence and conduct issues has lost his claims of sex and disability discrimination against Kent and Medway NHS and Social Care Partnership Trust. The tribunal found no unlawful discrimination, failure to make reasonable adjustments, or victimisation.
Bus driver wins sick pay claim after employer withheld pay over disciplinary absence
A Watford tribunal found that Metroline West Ltd unlawfully deducted wages by withholding company sick pay from a bus driver who went off sick on the day of a disciplinary hearing. He was awarded £3,012.38.
Sales advisor's constructive dismissal claim over whistleblowing fails: tribunal finds no breach
A sales advisor who resigned after alleging fraud and harassment lost her constructive dismissal and whistleblowing claims. The tribunal found no fundamental breach of contract, and most detriment claims were out of time.
Funeral service operative's constructive dismissal claim over disability discrimination fails
A funeral service operative with ulcerative colitis lost his constructive unfair dismissal and disability discrimination claims after the tribunal found no fundamental breach of contract or discrimination.
Sickness absence over food hygiene concerns: an automatically unfair dismissal
A former employee who left work because he felt too ill to handle food safely was automatically unfairly dismissed. The tribunal awarded £1,092 in compensation.
Constructive dismissal claim fails: grievance delay not a breach of trust
A customer assistant with 12 years' service resigned after a delay in his grievance response. The tribunal found no repudiatory breach, and his constructive dismissal claim was dismissed.
Probationary employee with depression and anxiety loses disability discrimination case against London Fire Commissioner
A Booking Coordinator who was dismissed during her probation for attendance issues failed to prove disability discrimination. The tribunal found the London Fire Commissioner acted reasonably given her short service and multiple probation extensions.
Agency social worker with endometriosis wins disability discrimination claim after placement cut short
An agency social worker with endometriosis had her placement terminated five weeks early due to sickness absence. The tribunal found the council directly discriminated against her and awarded £12,570.
Placed at risk of redundancy while on sick leave: disability discrimination claim succeeds
A former employee with PTSD was placed at risk of redundancy while on sick leave. The tribunal found it was discrimination arising from disability and awarded £12,183.
Browse all 27 cases on Unfair dismissal, where you can filter by outcome, damages and year.