← Back to case studies
Case law
Kayongo v London Underground Ltd and others

If the medical evidence about you conflicts, your employer has to check again before deciding.

The ruling

Unfair dismissal and disability discrimination upheld; employer skipped a required occupational health referral.”

If your employer has conflicting medical evidence about your fitness for work, it has to resolve that conflict with occupational health before deciding your future, not just act on whichever version suits it.

  • Check whether your employer's own attendance or capability policy commits it to referring you to occupational health when the medical picture is unclear, and hold them to it in writing.
  • Ask for a copy of every occupational health report and fit note used in your case, so you can see for yourself whether they actually agree with each other.
  • If you're dismissed while the medical evidence about you is still contested or out of date, get advice quickly, particularly if you're disabled, as you may have both an unfair dismissal and a discrimination claim.
Read the full case

The situation

A customer service manager on London Underground had been off work for a long period with anxiety, and was later also diagnosed with ADHD. Her manager was considering dismissing her for capability because of how long she had been off. The medical picture was mixed: an earlier occupational health report said she was fit for redeployment to a different role, while a more recent GP fit note suggested she was not fit for any work at all. Instead of going back to occupational health to resolve that conflict, which the company's own attendance policy required, her manager dismissed her, and her appeal upheld that decision without addressing the gap.

What the tribunal found

She won on two grounds. The dismissal was unfair under section 98 of the Employment Rights Act 1996. It was also discrimination arising from disability under section 15 of the Equality Act 2010. The employer had two conflicting pieces of medical evidence in front of it, and its own attendance policy said that when the picture was unclear, the case should go back to occupational health for a definitive answer before anyone decided anything. That never happened, at dismissal or at appeal. The tribunal held that scepticism about what a further report might say was not a good enough reason to skip a step the employer's own process required. Her other discrimination claims failed, including direct disability discrimination and a failure to make reasonable adjustments. The tribunal accepted she would have been dismissed regardless of her ADHD. It also found she had never identified a specific alternative role she should have been given.

Full citation

Kayongo v London Underground Ltd and others. Case 3201548/2024. Employment Tribunal (East London Hearing Centre). 24 November 2025.

Last reviewed 14 July 2026