Nurse Wins Disability Discrimination Appeal After Dismissal for Sickness Absence
A nurse has successfully appealed a disability discrimination claim after being dismissed due to absences linked to depression and anxiety. The Court of Appeal overturned the original decision.
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Nurse's Disability Discrimination Appeal Succeeds
A registered nurse has won her appeal against a previous Employment Tribunal decision, arguing she was unfairly dismissed due to disability discrimination. The case centred on her dismissal following a period of sickness absence related to depression and anxiety, both recognised as disabilities under the Equality Act 2010.
The initial tribunal had sided with the employer, but the Court of Appeal has now overturned that ruling. The court found that the employer had failed to make reasonable adjustments and that the dismissal was, in fact, disability-related.
The key issue was whether the employer had adequately considered the nurse’s disabilities when making the decision to dismiss her. The Court of Appeal determined that the employer had not sufficiently explored alternative solutions or made necessary adjustments to support the nurse's return to work.
This ruling serves as a reminder to employers to carefully consider their obligations under the Equality Act 2010 when dealing with employees who have disabilities. Employers must make reasonable adjustments to accommodate disabled employees, and failure to do so could lead to successful discrimination claims.
The case highlights the importance of proper consideration of medical evidence and a proactive approach to supporting employees with mental health conditions in the workplace.
The ramifications of the decision are significant, potentially impacting how employers manage sickness absence and disability in the healthcare sector and beyond.
This case reinforces the legal protection afforded to employees with disabilities and the importance of employers adhering to their duty to make reasonable adjustments. This judgement will likely influence future cases involving disability-related dismissals.
Organisations should review their policies and practices to ensure they are compliant with the Equality Act 2010 and that they are providing adequate support for employees with disabilities.
Read the entire judgement here: Gallop v Newport City Council [2025] EWCA Civ 379
