Airport security supervisor awarded £45,000 after unfair dismissal over sickness absence
A former airport security supervisor has been awarded more than £45,000 after an employment tribunal ruled that she had been unfairly dismissed because of her sickness absence record.
The employee, who had worked at Aberdeen Airport for more than seven years, was dismissed by security services provider ICTS (UK) after recording 55 days of sickness absence over a 21-month period. Her absences included time off for shoulder surgery, Covid-19, flu-like illness and ongoing shoulder pain.
The dismissal followed a contractual review meeting held under the company’s attendance management policy after the employee progressed through its formal absence procedures. During the meeting, she explained that she was experiencing anxiety and other mental health difficulties, was receiving counselling arranged through her GP and believed an underlying medical condition could be contributing to her symptoms, including joint pain.
The employment tribunal found that the employer dismissed her because of her absence record and because the manager believed the attendance policy left little room for any alternative outcome.
The tribunal awarded a basic award of £7,350 together with a compensatory award of almost £38,000, bringing the total compensation to more than £45,000. It rejected the employer’s argument that the award should be reduced on the basis that the employee would have been dismissed even if a fairer process had been followed.
As part of its attendance management process, the employer relied on absence trigger points that determine when employees move through formal stages of review. After reaching the final stage, the employee was referred to occupational health following her latest absence.
The occupational health report recommended a phased return to work alongside lighter duties, both of which were implemented. However, she was subsequently invited to a contractual review meeting to determine whether her employment should continue.
At that meeting, the employee explained that she was experiencing anxiety and receiving counselling through her GP. She also raised concerns that reactive arthritis, which was later formally diagnosed, could be contributing to her symptoms and repeated absences.
Despite this, the decision was taken to dismiss her. The tribunal later concluded that the decision-maker had misunderstood the occupational health report, interpreting it as confirming there was no underlying health condition when it had simply concluded that the employee was unlikely to meet the legal definition of disability at that time.
The employee appealed the dismissal, arguing that insufficient support had been provided, alternatives to dismissal had not been properly considered and investigations into her health were still ongoing. By the time of the appeal, she had received a diagnosis of reactive arthritis. The appeal was unsuccessful.
In its judgment, the tribunal found that the employer had focused too heavily on applying its attendance management policy rather than properly investigating the reasons behind the employee’s absences.
It concluded that insufficient enquiries had been made into whether an underlying medical condition was contributing to the absences, despite this possibility being raised during the review process. The tribunal also found that the employer had failed to seek further occupational health advice, request additional medical evidence or properly consider alternatives to dismissal before ending the employee’s employment.
Should you wish to discuss long term absence in your business, 121 HR Solutions can help! Contact us on 0800 9995 121.
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