Masseuse awarded over £26,000
A masseuse in a small healthcare business has been awarded over £26,000 after her employer failed to see occupational health advice.
In the case, Butunoi v Turner Health Group Ltd, the claimant
was employed in a small healthcare business and dismissed in November 2022
following a period of sickness absence linked to multiple conditions. These
included anxiety, depression, endometriosis and a wrist injury. The tribunal
accepted that she was a disabled person under the Equality Act 2010.
The central issue was whether her dismissal amounted to
discrimination arising from disability. The employer argued that the decision
was driven by operational pressures and the uncertainty of her return to work.
The tribunal accepted that maintaining business continuity
was a legitimate aim. However, it found that the dismissal was materially
influenced by the claimant’s absence, which itself arose from her disabilities.
The tribunal found that the employer could not demonstrate that dismissal was a
proportionate response in the circumstances. In particular, there was
insufficient evidence that less discriminatory alternatives had been properly
explored.
Claims for direct disability discrimination, failure to make
reasonable adjustments and unlawful deductions from wages were all dismissed.
The successful claim was limited to discrimination arising from disability in
relation to the dismissal.
The business did not seek medical advice
The tribunal expressly noted that the respondents did not seek occupational health advice before dismissing the claimant. That point was significant, because it undermined the argument that dismissal was a proportionate response. Without medical input, they were not in a strong position to assess prognosis, likely return to work, or what adjustments might have enabled a return.
Where absence is linked to a potential disability, failing
to obtain occupational health input before dismissal can count against the
employer when justifying their decision.
On remedy, the tribunal awarded just over £26,800, including
compensation for financial loss and injury to feelings. The award reflected the
impact of the dismissal on the claimant’s mental health, though it was
moderated to account for pre-existing conditions and the claimant’s ability to
obtain alternative work within a year.
For HR teams, the case underlines a familiar but critical point. Even where business pressures are genuine, dismissing an employee for absence linked to disability will be high risk unless the employer can evidence a careful, proportionate decision-making process. That means actively considering adjustments, alternatives to dismissal, and documenting why those options are not viable. Simply relying on operational strain or uncertainty will rarely be enough.
What the case means for HR professionals
- Dismissals related to disability are high risk – seek professional advice at the earliest opportunity
- Proportionate decision making means clearly showing why a decision is reasonable – external advice is helpful here
- The employer has an obligation to make reasonable adjustments – even for those who may be absent
- Employment law advise is essential – speak to an employment lawyer at the earliest opportunity
About Occupational Health Assessment Ltd
Occupational Health Assessment Ltd are a nationwide occupational health provider. We provide rapid access to expert occupational health support for businesses right across the United Kingdom. Appointments are available nationwide within two days.
With a unique occupational health assessment service, night worker health assessments, fitness certifications and access to clinics in Belfast, Birmingham, Bradford, Brighton, Bristol, Cardiff, Coventry, Derby, Edinburgh, Glasgow, Hull, Leeds, Leicester,
Liverpool, London, Manchester, Newcastle, Northampton, Nottingham, Plymouth, Portsmouth, Reading, Sheffield, Southampton, Stoke, Surrey and more, the business provides high quality, expert medical advice.
Please contact us for further information or assistance.