Ms J Drew v Moulton Medical Centre — 2026

Ms Drew worked as a Dispenser for Moulton Medical Centre from 18 April 2022. She was absent with work-related stress from 13 September 2024 and was dismissed on 11 September 2025 after almost 12 months' absence. The Tribunal found that her long-term absence was the reason for dismissal and amounted to capability under s.98(2)(a) of the Employment Rights Act 1996, a potentially fair reason.

The Tribunal accepted that the respondent was a small, two-partner GP practice and that the claimant's work had been covered through approximately 700 hours of overtime. Prescription turnaround times increased from about five days to nine or ten days, some patients took prescriptions elsewhere, and some Dispensary staff were facing burnout. The March 2025 Occupational Health report found the claimant temporarily unfit for work, could not predict when she might return, and considered her unlikely to return until the underlying work-related issues were resolved. Her medical position remained unchanged at the time of the capability process, with no indicated return date.

The Tribunal found that the respondent had undertaken more than adequate consultation through wellbeing correspondence, meeting invitations, Occupational Health referral and the medical capability process, while the claimant had not engaged meaningfully with many attempts to meet. It found that the medical position was clear, there was no alternative work available within the small practice, and it was not unreasonable not to create a temporary non-earning role. The Tribunal was satisfied that the investigation and decision considered relevant matters and that both the procedure and the dismissal fell within the band of reasonable responses. The unfair dismissal claim therefore failed and was dismissed, with no remedy awarded.