£188k award after OH advice ignored
In a notable recent case, a senior director at a recruitment firm was awarded almost £188,000 after being unfairly dismissed and
discriminated against due to disability, following a cardiac arrest in February 2020 that resulted in a brain injury and cognitive impairments
What happened?
Darron Blewitt, a self-described “workaholic,” suffered a cardiac arrest with lasting effects on his memory, cognition, energy, fatigue and anxiety. He returned to work in October 2020, amid significant operational changes following the pandemic.
His employer “left him to his own devices,” cancelling meetings with him and ignoring occupational health (OH) referrals, which recommended adjustments, failing to provide support for him.
He was dismissed In September 2022, initially attributed to redundancy, then ill-health, with no formal procedure, no consultation, no warning and no documented rationale. The dismissal also wasn’t confirmed in writing.
Why did the tribunal rule in his favour?
Judge Tynan found the company had treated Blewitt as an “inconvenience,” with managers making stereotypical assumptions about his ability to perform. The employer failed to follow basic HR protocols: they ignored OH advice, did not implement reasonable adjustments, kept no records of meetings or concerns and provided no warnings or capability assessment
The firm then failed to engage with the Tribunal process, ignoring to attend both the merits hearing and remedy hearing, further weakening the position of the business.
Even high-performing staff with health-related challenges deserve a structured and documented return-to-work plan. Don’t let assumptions or poor processes expose your organisation to both legal risk and costly compensation.
Key summary for HR Professionals
- Engage with OH: always act on and document referral recommendations
- Maintain communication: regular check-ins, even informal, show you’re involved
- Follow procedure: consult formally before any dismissal and maintain clear written records
- Consider reasonable adjustments: ask, explore options and use OH guidance
- Document every step: notes, meeting minutes, emails – they all matter in tribunals
Sources:
“£188k tribunal award for director sacked after cardiac arrest” (Personnel Today)
“Payout for ‘workaholic’ sacked…” (The Times)
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