Claimant v Royal Free London NHS Foundation Trust
Outcome
Individual claims
The tribunal found that the claimant had chronic, persistent absences (146 out of 262 working days in one 12-month period), the respondent's sickness absence management process was reasonable and compassionate, he was repeatedly warned, and the decision to dismiss fell within the band of reasonable responses open to a reasonable employer.
The tribunal found that extending employment, discounting disability-related absences, adjusting attendance targets, offering shorter shifts, and exploring redeployment further would not have been reasonable adjustments as there was no medical evidence these would improve attendance, and the claimant's absences were not work-related. The tribunal held there is no rule requiring employers to discount disability-related absences.
The tribunal accepted that dismissing the claimant was unfavourable treatment because of absences arising from disability, but found the dismissal was a proportionate means of achieving the legitimate aim of ensuring minimum staff attendance and safe service provision, given the chronic nature of absences, their substantial impact on the ward, and lack of improvement despite numerous adjustments.
Withdrawn by claimant at the start of the hearing and dismissed.
Facts
The claimant, a Junior Charge Nurse with nearly 18 years' service, was disabled due to Crohn's disease, anxiety and depression. Between May 2022 and August 2023 he had 15 absence episodes totalling 220 working days. In one 12-month period he was absent 146 out of 262 working days. Despite numerous adjustments including phased returns, reduced duties, flexible working, and temporary redeployment, his attendance did not improve. Occupational Health advised his absences were not work-related and redeployment would not improve attendance. He was dismissed for ill-health capability on 26 September 2023 after progressing through the respondent's sickness absence policy stages, with his appeal dismissed on 26 January 2024.
Decision
The tribunal dismissed all claims. It found the claimant's chronic absences had a substantial impact on the paediatric ward, the respondent acted reasonably throughout the sickness absence process with compassion and support, the proposed reasonable adjustments would not have improved attendance and were not reasonable in the circumstances, and the dismissal was both within the band of reasonable responses and a proportionate means of achieving the legitimate aim of maintaining minimum staffing levels and safe patient care.
Practical note
Employers can fairly dismiss long-serving disabled employees with chronic absence records where there is no medical evidence that adjustments would improve attendance, absences are not work-related, and the operational impact is substantial, even where the employer has been supportive throughout.
Legal authorities cited
Statutes
Case details
- Case number
- 2200528/2024
- Decision date
- 19 August 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Junior Charge Nurse (Band 6)
- Service
- 18 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister