This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn your rights if you are dismissed after making health complaints at work in England and Wales. This guide explains health and safety protections, unfair dismissal law, disability discrimination considerations, tribunal procedures, time limits, and practical steps to challenge unlawful dismissal.
Dismissal following health complaints at work can be a complex legal matter in England and Wales. Employees who raise health concerns - whether about their own medical condition, workplace health and safety risks, or necessary adjustments - may find themselves at risk of dismissal or detriment. Understanding when such dismissals may be unfair or unlawful under employment law is essential for employees, employers, and advisers. This article explains the legal framework, key rights, common scenarios, procedures for claims, and practical steps to consider.
1. Legal Framework: Unfair Dismissal and Health Complaints
Under UK employment law, a dismissal can be unfair if an employer cannot show a fair reason related to capability, conduct, redundancy, some other substantial reason (SOSR), or if the dismissal was procedurally unfair. Normally, employees must have worked for their employer for at least two years (reducing to six months following legislative change anticipated in 2027) to bring a standard unfair dismissal claim. However, certain dismissals are automatically unfair, meaning an employee can claim regardless of length of service.
Key Protection: Health and Safety
Employees are protected against dismissal or detriment for taking action or expressing concerns related to health and safety at work. This protection arises from Section 100 of the Employment Rights Act 1996 and associated regulations. It applies where the employee reasonably believes there is serious and imminent danger, has raised a health and safety concern, or has taken steps to protect themselves or others.
Dismissals linked to health and safety complaints can be automatically unfair, meaning an employment tribunal will consider them unfair without the usual qualifying service requirement.
2. Health Complaints and Reasons for Dismissal
Employers may sometimes dismiss an employee on grounds such as:
- Capability or ill health: This includes arguing the employee is no longer capable of performing their role due to sickness absence or health conditions.
- Misconduct or poor performance: Where employers contend behaviour or performance issues justify dismissal.
- Some other substantial reason (SOSR): A broad category that can cover significant operational business needs.
However, where an employee's health complaint - especially a complaint about workplace safety or a perceived risk to health - plays a material role in the dismissal, specific protections may apply that make the dismissal automatically unfair.
3. Health and Safety Complaints: Protected Actions
Health and safety protections apply in several circumstances:
Raising Health and Safety Concerns
If an employee reports a genuine concern about health and safety risks - for example, unsafe equipment, excessive exposure to hazards, or other conditions that could reasonably be expected to cause harm - the employer must not dismiss the employee for doing so.
Refusing Unsafe Work
An employee who refuses to work or leaves a workplace because they reasonably believe there is serious and imminent danger can be protected from dismissal or detriment.
Carrying Out Health and Safety Duties
Employees designated to undertake health and safety activities, such as safety representatives or committee members, are specifically protected if they are dismissed for carrying out those duties. The Employment Appeal Tribunal has confirmed that dismissals linked to carrying out such duties - even if they cause “friction” among colleagues - can be automatically unfair if the conduct was not wholly unreasonable.
4. Ill Health and Long‑Term Sickness Absence
When an employee is dismissed because of long‑term sickness absence or ill health, different legal considerations apply. A dismissal on these grounds is potentially fair if the employer can show a fair reason (such as capability due to ill health), that it acted reasonably in the circumstances, and followed a fair procedure.
Reasonable Process
Employers are expected to:
- Conduct a reasonable investigation into the employee's health condition.
- Consider medical evidence, including occupational health assessments.
- Explore reasonable adjustments to help the employee remain in work where appropriate, especially when health issues fall under the Equality Act 2010 definition of disability.
- Only consider dismissal when all other options have been reasonably explored.
Failing to follow a fair process (for example, dismissing without prior warning or without considering adjustment options) can render the dismissal unfair.
5. Disability Discrimination
Where a health complaint relates to a disability, the Equality Act 2010 may offer additional protection. Employers must make reasonable adjustments for disabled employees and must not dismiss them because of their disability unless justification is clear. Dismissal in such circumstances can be discriminatory and unfair. Case law shows tribunals may award significant compensation where employers fail to accommodate health conditions properly.
6. Tribunal Claims: Time Limits and Process
If a dismissal following a health complaint is believed to be unfair, the employee can:
- Engage in Early Conciliation with Acas before filing a tribunal claim.
- Submit a claim to an employment tribunal, usually within three months less one day from the date of dismissal or detriment.
- If the dismissal arises from health and safety complaints (automatically unfair grounds), no qualifying service is needed.
Tribunals may award compensation for loss of earnings, injury to feelings (in discrimination cases), and other financial losses. In some instances, interim relief can be sought to prevent financial difficulty while the case is ongoing.
7. Practical Steps Before and After Dismissal
Before a Dismissal
- Document health complaints: Keep full records of all communications and instances of reporting concerns.
- Follow internal procedures: Use grievance or health and safety reporting routes where available.
- Seek advice early: Consult with union representatives, Acas helpline, or employment law advisers.
After a Dismissal
- Review contractual and statutory rights to determine if protections apply.
- Preserve evidence of the health complaint and employer responses.
- Consider grievances and appeal processes within the organisation.
- Seek legal advice on the strength of an unfair dismissal claim or discrimination claim.
8. Common Questions
Can I claim unfair dismissal if I was dismissed shortly after raising a health concern?
Yes. If the employer dismissed you because you took action or raised issues about health and safety, that can be an automatically unfair reason for dismissal.
What if I haven't worked for two years?
For automatically unfair dismissal related to health and safety, there is no qualifying service requirement. You may still bring a claim.
Can I claim discrimination too?
Yes. If your health complaint relates to a disability and the employer failed to make reasonable adjustments, a disability discrimination claim may be available alongside an unfair dismissal claim.
Key Takeaways
Dismissal following health complaints can be either lawful or unlawful depending on the circumstances:
- Employees are protected from dismissal and detriment for raising genuine health and safety concerns or taking reasonable steps in the face of serious risk.
- Employers must handle health complaints reasonably, investigate properly, and consider adjustments before dismissal.
- Ill health dismissals must be fair and procedurally sound, with attention to reasonable adjustments and the Equality Act where applicable.
- Tribunal claims must be lodged within strict time limits, but protections may apply even without long service in health and safety cases.
Understanding your rights and options is essential to responding effectively to dismissal following health complaints.
