Claimant v Gloucestershire County Council
Outcome
Individual claims
The tribunal found that the respondent breached the implied term of mutual trust and confidence by requiring the claimant to attend for operational duties in March 2021 despite clear occupational health advice that she was unfit to return, commencing and upholding disciplinary action for her refusal, and dismissing her appeal. These acts cumulatively amounted to a fundamental breach entitling the claimant to resign.
The tribunal awarded notice pay reflecting that the claimant's resignation in constructive dismissal circumstances was a wrongful dismissal entitling her to her contractual notice period of five weeks.
The tribunal upheld claims under section 15 (discrimination arising from disability) for requiring the claimant to attend operational duties, subjecting her to disciplinary action for failing to comply, and dismissing her appeal, all of which arose from her disability-related absence and perceptions about returning to operational firefighting.
The tribunal found the respondent failed to make reasonable adjustments by not considering or implementing redeployment to non-operational roles (Green Book roles across Gloucestershire County Council) as an alternative to requiring the claimant to return to operational firefighting duties.
Claims relating to the second job disciplinary proceedings (working while off sick allegations) were not upheld as the tribunal found the respondent's actions in that disciplinary process were justified and reasonable despite the claimant's disability.
Facts
The claimant was an operational firefighter who experienced mental health difficulties following a relationship with a colleague (KS) and subsequent disciplinary proceedings against him which she felt were inadequate. By late 2020, occupational health advised she was unfit to return to operational duties and that doing so would risk relapse. Despite this clear medical advice, in March 2021 the respondent ordered her to attend a return-to-work meeting at a fire station and commence a phased return to operational duties, threatening disciplinary action if she did not comply. When she refused (on medical grounds), she was subjected to disciplinary proceedings, given an 18-month final written warning, and her appeal was dismissed. She resigned in August 2022.
Decision
The tribunal upheld claims of constructive unfair dismissal, wrongful dismissal, discrimination arising from disability, and failure to make reasonable adjustments (by not considering redeployment to non-operational roles across the wider council). The tribunal awarded £42,853.73 including injury to feelings of £12,500 (lower middle Vento band), reflecting that pre-existing trauma from earlier events was prolonged by the discriminatory acts, but limiting financial losses to 17 weeks due to failure to mitigate by searching only for fire safety roles.
Practical note
An employer cannot lawfully require an employee to return to work against clear occupational health advice that doing so would cause relapse, nor discipline them for refusing, and must genuinely consider redeployment as a reasonable adjustment where the role itself is the barrier.
Award breakdown
Vento band: middle
Award equivalent: 41.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1403249/2022
- Decision date
- 19 September 2025
- Hearing type
- remedy
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Gloucestershire County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Firefighter (operational)
- Salary band
- £50,000–£60,000
- Service
- 4 years
Claimant representation
- Represented
- Yes
- Rep type
- union