In Ms Susan Caroline v ICTS (UK) Limited, an airport security supervisor was awarded over £45,000 after being unfairly dismissed due to ill health. The employment tribunal found her employer failed to investigate potential underlying health conditions and consider possible alternatives to dismissal.

Read on as we examine the facts of the case and the reasoning behind the tribunal’s judgment. We answer the question, “Can I be sacked for being off sick?” and explore the steps individuals can take if they believe their employment rights have been breached.

If you have any questions or concerns about your own employment rights, contact Redmans Solicitors without delay. Our team of specialists is here to help. Following a brief chat, we can answer your queries and provide expert legal advice, tailored to your circumstances.

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The Facts in Ms Susan Caroline v ICTS (UK) Limited

Dismissed Due to Ill Health: Case Background

Ms Susan Caroline (the “Claimant”) began working as a security supervisor for ICTS (UK) Limited (the “Respondent”) in April 2017. Her role included supervising security staff, observing passengers and conducting luggage searches.

Unfortunately, following 55 days of sick leave between 12 February 2023 and 3 November 2024, the Claimant’s employment was terminated on 3 December 2024 by email, with a dismissal letter attached. Her absences included time off for recovery following an operation, Covid-19-related illness and shoulder pain.

Prior to her dismissal, the Claimant attended an Occupational Health (OH) referral on 6 November, following her final period of absence. This resulted in recommendations that she receive “lighter duties and a phased return,” which the Respondent initially implemented.

However, due to the Claimant’s number of absences, specific ‘trigger points’ were met, leading to a ‘contractual review’ meeting. This took place on 25 November, during which she disclosed her anxiety and “mental health issues” for which she was receiving counselling support. Nonetheless, the Respondent dismissed the Claimant on 3 December, noting that OH had reported she did “not suffer any underlying health conditions.”

The Claimant subsequently appealed her dismissal. However, this proved unsuccessful, leading her to bring an unfair dismissal claim in the employment tribunal.

The Employment Tribunal’s Judgment

During the proceedings, the employment tribunal questioned the dismissal decision. Subsequent reasoning was provided, stating that since the Claimant did “not suffer any underlying health conditions,” the Respondent’s policy dictated that dismissal was the appropriate action.

However, the tribunal found this response “unsatisfactory.” Not only was the interpretation of OH’s recommendations imprecise, but the Respondent’s policy appeared to have been applied with too much “tunnel vision.”

Firstly, the tribunal held that OH had actually discussed how the Claimant’s conditions were unlikely to satisfy the criteria for “disability” under the Equality Act 2010. Moreover, upon further questioning of the dismissal decision, it became clear that the Respondent had neither considered the impact of the Claimant’s absences on its operations nor any alternatives to dismissal. The tribunal stated that the policy was being followed for its own sake, rather than to achieve any of its objectives.

Read More: Pregnant Consultant Fired Due to Pregnancy-Related Illness Awarded £93K in Unfair Dismissal Case

Ultimately, both the initial decision to dismiss and the subsequent appeal outcome were found to be flawed. The tribunal ruled that the Respondent should have investigated any potential underlying health conditions and alternatives to dismissal, concluding that the dismissal was unfair because the employer failed to properly account for her health. She was therefore awarded £45,129.21 in compensation, comprising a basic and compensatory award.

Can I be Sacked for Being Off Sick?

Strictly speaking, individuals can be dismissed due to ill health when they have been off for a long period and undertaking their tasks becomes impossible.

However, before making a decision to dismiss, employers should consider several factors. Among other things, this includes:

• Determining whether support can be provided to reduce or remove absences
• Providing sufficient time to recover
• Uncovering whether an absence relates to a condition that constitutes a disability under the Equality Act 2010, warranting reasonable adjustments

If dismissal is made following appropriate and reasonable considerations, it may be lawful. However, where flaws are found in the justification or process leading to dismissal, legal liability may arise.

What to Do if Rights are Breached

If an individual believes they have been unfairly dismissed due to ill health, several steps are available to seek redress. Firstly, individuals can appeal their dismissal through their employer’s appeal process. While this doesn’t guarantee the issue will be resolved, it does provide a chance for any errors to be rectified and to avoid further formal action.

Where a remedy cannot be found at this stage, external help could be sought via Acas. Its free and independent early conciliation process provides another opportunity to reach an informal resolution. This process is also required before most employment tribunal claims can proceed.

Read More: Lessons From a €25,000 Win: The High Cost of an Unfair Redundancy Process

If all else fails, initiating tribunal proceedings is the final option. Strict eligibility criteria and time limits must be met to bring a claim, but if successful, compensation may be awarded.

Notably, though, regardless of the avenue pursued, it’s recommended to gather evidence. Emails and written correspondence, for example, can help strengthen an individual’s case and may prove vital to a successful ruling in the tribunal. Specialist legal advice is also recommended to ensure that one’s position is fully understood and that the best course of action is taken.

Dismissed Due to Ill Health? Get Help with Redmans

If you think you have been unfairly dismissed due to ill health, contact us now. Redmans Solicitors are employment experts. Following a brief consultation, we can assess your case, provide answers, and discuss your possible next steps. Should you have an eligible case, we can also guide you through each stage of the legal process.

To begin your journey with us today, please:

• Phone us on 020 3397 3603
• Complete our online form with your details to request a callback