Massage therapist successful at tribunal after being off sick

A massage therapist was awarded £26,809 at an employment tribunal after being dismissed by her employer while being on sick leave. She suffered from endometriosis and wrist tendonitis and had requested 10-minute breaks between clients as a reasonable adjustment, but this was refused.

The tribunal found her dismissal was largely due to her sickness absence and ruled that it amounted to disability discrimination. It noted inconsistent treatment, as another employee with similar absences had been allowed a phased return to work.

The employee had provided medical evidence stating she could return with adjustments, but the employer claimed this was not operationally practical and dismissed her over concerns about reliability.

The tribunal concluded that the employer failed to make reasonable adjustments and lacked a fair, consistent approach, including not having a formal sickness policy.

The case highlights that employers must carefully justify dismissals related to long-term illness, consider reasonable adjustments, and treat employees consistently to avoid discrimination claims.

Should you have any questions on how to manage long term absences with reasonable adjustments, call to speak with one of our CIPD qualified Consultants on 0800 9995 121.

Massage therapist successful at tribunal after being off sick

121 HR Solutions Ltd