Dismissal After Cardiac Arrest Leads to £188k Disability Discrimination Employment Tribunal Award

Published : July 23, 2025

In Mr Darron Blewitt v Mach Recruitment Limited, a regional operations director received a nearly £190,000 employment tribunal award after successfully pursuing his claims for unfair dismissal and disability discrimination. The tribunal heard how, after suffering a cardiac arrest, the director wasn’t supported and was dismissed on capability grounds.

Read on as we uncover the facts of the case and the employment tribunal decisions. We discuss whether you can get fired for being sick, and what you can do if your rights are breached.

If you have any questions about this case or want specialist help with your own, contact Redmans Solicitors now. As experts in the employment sector, we can analyse your circumstances and discuss how you could proceed. With years of experience helping countless employees, we are well-positioned to help you achieve an optimal outcome.

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The Facts in Mr Darron Blewitt v. Mach Recruitment Limited

Background to Employment Tribunal Award

Mr Darron Blewitt (“the Claimant”) worked for Mach Recruitment Limited (“the Respondent”) as a “Regional Operations Director.” He had 22 years of experience in recruitment and claimed to be a “workaholic.”

On 7 February 2020, the Claimant suffered a cardiac arrest. Unfortunately, while his mobility and speech gradually recovered over the following weeks, his memory and cognitive ability were “adversely” impacted by a hypoxic brain injury. This incident also left him with anxiety and caused him to experience “significant” fatigue.

Nevertheless, the Claimant transitioned back to work in October that year. The problem was that due to the COVID-19 pandemic, workplaces nationwide had undergone substantial changes. This, along with his memory problems and other cognitive difficulties, meant the Claimant’s work return was “particularly challenging.”

Occupational Health (OH) subsequently undertook an examination, and a report dated 21 January 2021 outlined 16 specific reasonable adjustments that could be made to help facilitate the Claimant’s needs. Despite this, the Respondent failed to make these adjustments and, instead, dismissed him.

On 27 September 2022, the Claimant was initially informed by Ms Katie Barrett, the Respondent’s Head of HR, that he would be dismissed due to a decision to downsize the senior team. An alleged “downturn in business” was the explanation provided for the decision over the phone.

However, after the Claimant inquired whether this was a redundancy, Ms Barrett ended the call. He received no further communication until 29 September, when he was informed that his employment was being terminated immediately due to health-related reasons. He subsequently made a wrongful and unfair dismissal claim to the employment tribunal on 29 December, also alleging that he’d faced disability discrimination. 

The Employment Tribunal Decisions

Initial Considerations Before Employment Tribunal Award

Before making any employment tribunal award, the tribunal first had to determine whether the Claimant’s allegations were substantiated. It began by deliberating his wrongful and unfair dismissal claim.

The tribunal stated that, under the Employment Rights Act 1996, employees have the right not to be unfairly dismissed. This includes the employer following a fair procedure and having a legitimate reason for dismissal. The tribunal also outlined employees’ protection against wrongful dismissal, which occurs when an employer breaches a contract of employment.

Dealing first with wrongful dismissal, the tribunal held that the Respondent had breached the Claimant’s employment contract. He was summarily dismissed without notice pay, and the tribunal couldn’t establish a legitimate reason for the Respondent to do so. As a result, this claim was upheld.

The tribunal then turned to the unfair dismissal claim. Whilst dismissal due to capability concerns can be a legitimate reason for dismissal, the tribunal found it wasn’t so in this case. At first, the Respondent claimed a “downturn in business” was the reason for its decision. Yet, after the Claimant questioned whether he was being made redundant, in the tribunal’s words, the Respondent “changed tack.” The Claimant was then dismissed due to capability concerns.

The tribunal didn’t believe the Respondent had considered how the Claimant’s mental impairments affected his work, nor whether it could support or redeploy him. In the tribunal’s opinion, the Respondent “found his health-related issues time-consuming,” and considered the Claimant “an inconvenience to the business.”

As support wasn’t provided and the dismissal process was flawed, particularly due to the lack of written confirmation of dismissal and the failure to inform the Claimant of his right to appeal, the claim for unfair dismissal was therefore successful.

Claimant Receives £188k Employment Tribunal Award 

Finally, the tribunal addressed the claim of disability discrimination, as defined under the Equality Act 2010, sometimes informally referred to as the “disability discrimination act.” This regarded several elements, including unfavourable treatment due to disability and a failure to make reasonable adjustments.

The tribunal stated that the Claimant had been subjected to several detriments due to his mental impairments, including that after his return to work, he’d been “essentially left to his own devices and expected simply to get on with [his] job,” in addition to the dismissal itself. It also found that the Respondent failed to implement any of the adjustments OH had recommended. Accordingly, the tribunal also found in favour of the Claimant on the issue of disability discrimination.

Following the tribunal’s judgment, the Claimant was awarded a total of £187,585.43. His compensation comprised, among other things, injury to feelings, loss of earnings, and interest.

Can You Get Fired for Being Sick?

In short, yes. Individuals can be dismissed for being off sick. However, employers must remain legally compliant when dismissing an employee under such circumstances, ensuring they fulfil any existing obligations first.

Under UK employment law, dismissal due to long-term sickness can be lawful when an individual is no longer able to perform their contractual duties, and it is deemed reasonable for the employer to do so. The decision must be fair, well-documented, and handled with care.

If an employee has two or more years of service, this is particularly important, as they gain additional protections against unfair dismissal. That being said, if the dismissal is linked to a legally defined disability, disability discrimination protections may apply, which don’t have such service length requirements.

What Should Employers Do Before Dismissing Someone on Sick Leave?

Before a decision to dismiss is made, employers should gather medical evidence to fully comprehend how one’s physical or mental impairment affects their ability to work. They should then assess the reasonableness of introducing adjustments, establish the practicality of implementing them, and evaluate their effectiveness in resolving any disadvantages. Employers should also consider redeployment into a more suitable role and determine the best course of action.

However, if no adjustments can be made, and redeployment isn’t a viable option, it may be deemed reasonable to dismiss on capability grounds. The length of service an employee has accumulated, as well as the period during which they are likely to be unfit to work, should all be taken into account before a decision is made.

If an employee has been dismissed and believes the decision was unfair, they could appeal internally or pursue tribunal proceedings. During a hearing, the tribunal would assess the fairness of the dismissal, based on several factors, including:

  • Service length
  • Medical evidence
  • Whether redeployment and reasonable adjustments were considered

Should the employee’s dismissal be considered unfair, they would likely receive an employment tribunal award.

Get Help with Redmans

If you have faced a similar situation and have any questions, please do not hesitate to contact Redmans Solicitors. As employment experts, we can answer your queries and assess your eligibility for a potential employment tribunal award.

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The information on this page is intended for general informational purposes only and does not constitute legal advice.