Developer with chronic hip condition wins £36k after dismissal for poor performance
A software developer with a long-term hip condition has been awarded more than £36,000 after a tribunal concluded that her dismissal for poor performance amounted to disability discrimination.
The case involved an employee at a small workplace software start-up, where concerns had been raised about her performance in the months leading up to her dismissal.
The employee explained to her manager that difficulties completing tasks were partly due to ongoing pain and disrupted sleep linked to her medical condition, which affects the hip joints. Despite this, she was dismissed with notice without being placed on a formal performance improvement plan or being referred for an occupational health assessment.
The tribunal found that the dismissal constituted unfavourable treatment connected to a disability.
Evidence showed that the employee began experiencing symptoms from late 2022, including significant pain and sleep disturbance. Although the condition was formally diagnosed shortly before her dismissal, she had already raised concerns earlier in the year about how it was affecting her work.
Performance issues were first discussed in early 2023, particularly regarding the time taken to complete tasks. The employee acknowledged she had been struggling and linked this to her health. The tribunal also heard that she had been undergoing therapy for a separate pre-existing mental health condition. However, it later emerged that not all relevant medical history had been fully disclosed to an independent expert involved in the case.
The employee was informed of her dismissal during a meeting and later received confirmation in writing. Her employment ended after her notice period. The tribunal noted that she had not been made fully aware of the specific concerns relied upon at the time of dismissal.
During the proceedings, the manager accepted that a more structured process should have been followed, including a performance improvement plan and medical input.
The tribunal determined that the employee’s condition met the legal definition of a disability and that it had a substantial impact on her ability to work. It found that her symptoms contributed to the performance concerns raised. It also recognised that the dismissal caused significant distress and affected her confidence. However, it did not accept that the dismissal was the primary cause of her ongoing psychological condition, partly due to incomplete medical evidence.
The panel further concluded that, even if the employer had followed a fairer process, the employee’s role would likely still have ended. The employee was awarded £36,459. This included sums for lost earnings, injury to feelings, and interest. In addition to the financial award, the tribunal recommended that the company’s senior leadership complete formal training on disability awareness, decision-making, and reasonable adjustments within six months.
The case highlights the importance of considering reasonable adjustments when health conditions affect performance. These may include allowing additional time for tasks or providing extra support. Should you wish to discuss reasonable adjustments for employees with health conditions, contact 121 HR Solutions on 0800 9995 121.
0800 9995 121 
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