Burns v Gitpod (2025): When Misconduct May Be Disability-Related
The tribunal decision in Burns v Gitpod (2025) highlights a growing area of risk for employers: treating behaviour as misconduct without first considering whether it may be linked to a disability. In this case, an employee was dismissed following an incident at a work event, where she was found asleep in a sauna after losing […]
Why Most Long-Term Sickness Dismissals Fail at Tribunal
Dismissals linked to long-term sickness often fail not because the absence was unjustified, but because the process was flawed. Tribunals expect employers to demonstrate: Up-to-date medical evidence Consideration of adjustments A fair and reasonable process In O’Brien v Bolton St Catherine’s Academy, failure to reassess medical evidence contributed to a finding of unfair dismissal. The […]
Reasonable Adjustments and Sickness Absence: Where Employers Go Wrong
One of the most common tribunal risks arises from failure to consider reasonable adjustments. In McMillan v Airedale NHS Foundation Trust (2014), the rigid application of absence triggers without adjustment was challenged. The case highlighted a critical issue — treating all absences equally, regardless of disability. Under the Equality Act 2010, employers must take reasonable […]
Long-Term Sickness Does Not Mean an Employee Cannot Return
A key misconception in capability processes is that prolonged absence equates to incapability. This is not supported by case law. In BS v Dundee City Council, the court confirmed that absence alone is not sufficient justification for dismissal. Employers must understand whether a return is possible and what support may enable it. The focus should […]
When Should Employers Refer to Occupational Health?
One of the most common failures in managing long-term sickness is delay. Employers often wait several months before referring to Occupational Health. By this stage, absence has become embedded, and return-to-work becomes more complex. Early referral allows organisations to understand functional capability, identify reasonable adjustments, and make informed decisions. In BS v Dundee City Council […]
Fit Notes, Long-Term Sickness & the Risk Most Employers Are Missing
Fit notes are increasing across UK workplaces but so is long-term absence. But the real issue is not whether doctors are issuing them too easily. The real risk sits in how organisations respond to them. There is a growing narrative that GPs are “signing people off too easily.” In reality, this reflects a misunderstanding of […]
The 5 Costliest Mistakes Employers Make in Long-Term Sickness Cases
(And how to avoid ending up at Tribunal) If there’s one area, I see employers consistently get wrong, it’s long-term sickness. Not because organisations don’t care but because decisions are often made too quickly, without the right medical input, or based on process rather than evidence. That’s exactly where Tribunal risk starts to build. Recent […]
Menopause, Performance and Tribunal Risk: What Employers Need to Know
Recent Employment Tribunal decisions are making one thing increasingly clear:menopause is no longer just a well-being issue — if mishandled, it presents a clear legal risk. Two cases from 2023 highlight where employers are going wrong. In Lynskey v Direct Line (2023), an employee experiencing menopausal symptoms, including brain fog and reduced concentration, was given […]
Hogger v Genesis PR Ltd: A Growing Risk in Neurodiverse Workplaces
The Employment Tribunal decision in Hogger v Genesis PR Ltd (2025/2026) highlights an increasingly important risk for employers managing performance in neurodiverse teams. In this case, an employee with ADHD was described as “disorganised” and “uncommitted”. The tribunal found these comments amounted to harassment related to disability, as they reflected characteristics of her condition without […]
Why the Capgemini Tribunal Cases Represent a Turning Point for Employers
Recent employment tribunal decisions involving Capgemini, including cases linked to employees such as Bahar Khorram, signal a clear shift in how workplace health and capability issues are being assessed across the UK. What is emerging is not just a focus on single conditions, but a deeper recognition of how factors such as menopause and diagnosed […]