£50,000 unfair dismissal payout for 400 days of absence – how effectively do you manage absence situations?

A hospital cleaner who was dismissed has won £50,000 after being off sick for more than 400 days in four years. The cleaner had been off for long periods of time as she struggled with ‘complex mental health issues’. The employer had a ‘wealth of evidence’, but the manager failed to recognise that the employee was disabled and due to the absences, was dismissed.

The employment judge hearing the case stated that they were ‘particularly surprised’ that one of the managers insisted she was not disabled ahead of her unfair dismissal.

The tribunal ruled that it was ‘irrational and wrong’ to deny the employee of her disability status and that she should have been afforded more sick leave. The employee represented herself at the hearing where she won claims of disability discrimination and unfair dismissal. Now she has been awarded £49,147 in damages.

Employers should always be mindful of the reasons for absence and if any protected characteristics exist prior to making a decision to dismiss, reasonable adjustments should always be considered for implementation.

Should you have any questions around a tricky absence matter, please contact one of our CIPD qualified Consultants to discuss further on 0800 9995 121.

£50,000 unfair dismissal payout for 400 days of absence – how effectively do you manage absence situations?

121 HR Solutions Ltd