A woman who was sacked after being off sick for more than four years has lost her claim for unfair dismissal.
Ms Henderson, who suffered from a condition causing insomnia and brain fog, took her employer to the employment tribunal on the grounds of disability discrimination.
She was employed by Maximus UK Services, which performs medical assessments on people claiming state benefits for the Department for Work and Pensions, and managed an administrative team of nine.
She was signed off sick in October 2018 and could not predict when she would return to work because of her fibromyalgia, which caused extreme tiredness and pain.
Henderson, who was responsible for preserving medical records and information, was seen a month later by occupational health advisers, who advised she continue her absence because of her low mood, anxiety and pain.
Unfair dismissal
Top 10 HR questions July 2024: Unfair dismissal changes
Council of Europe finds Spanish unfair dismissal laws ‘insufficient’
Ferry cook with hip condition wins £28k for unfair dismissal
In December, after being seen again, it was recommended that she did not return to work for another four to six weeks.
The employment tribunal in Edinburgh heard that her bosses made regular contact with her offering support, but that had a “negative effect” on her recovery.
In February 2021, Henderson told her employer that she didn’t know she would ever be able to return to work. She was advised after three years off sick that when she returned she would be redeployed within the business and her role advertised.
In April 2022, insurers Legal & General, which had protected Henderson’s income, cut her sick pay.
The company wrote to Henderson advising that a recent review of her claim found her symptoms no longer met its definition of incapacity, stating: “the policy definition which states an individual must continue to be incapacitated by illness or injury from carrying out their own occupation”.
It added: “There are significant inconsistencies with Jeananne’s reporting and her true level of functioning. The evidence supports this not to be a true reflection of her capabilities and we are no longer satisfied that Jeananne is suffering from symptoms of such severity that she should be prevented from fulfilling the duties of her insured occupation and being prevented from returning to work.”
As a result, Legal & General said no further benefit would be paid in relation to her application.
Maximus UK Services terminated her employment contract on the grounds of ill health in February 2023.
The tribunal ruled: “We do not consider that the claimant was dismissed, fundamentally, because she suffered from fibromyalgia. She was dismissed because she was absent from work for more than four years without any prospect of return, and in these circumstances, we considered that was a decision which they were entitled to take, and it did not amount to direct discrimination on the grounds of disability.”
HR roles in the social services sector on Personnel Today
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Browse more HR roles in the social services sector
