A former Ofsted inspector who was dismissed months after returning from cancer treatment has succeeded in overturning the original ruling against her at the Employment Appeal Tribunal (EAT).
Rupi Phullar, from Birmingham, was diagnosed with soft tissue cancer in her right shoulder in March 2021 and resumed work that October.
According to her union, Unison, Ofsted informed her the following March that she would be dismissed in May because she could no longer carry out the full range of her duties. After an unsuccessful internal appeal, she brought a claim to tribunal, arguing that her dismissal amounted to discrimination arising from disability.
The employment tribunal ruled in December 2023 that the dismissal did not constitute disability discrimination, though it upheld some of her complaints relating to a failure to make reasonable adjustments.
Ofsted argued that the decision to dismiss was fair and based on capability. The organisation accepted that Phullar was disabled, that it was aware of her condition and its impact, and that the dismissal was unfavourable treatment linked to her disability, but maintained that the action was justified.
However, in a judgment issued on 14 January, the EAT found the original ruling to be extensively flawed and ordered that the case be reheard.
The EAT said there “was a paucity of fact-finding to support the tribunal’s conclusions, and the tribunal failed to provide sufficient reasons to address key arguments and explain to the parties why they had won or lost, compounded by some apparently conflicting findings.
“The decision that the dismissal was by reason of capability stands, but whether it was fair or unfair applying section 98(4) of the 1996 Act must be remitted for fresh adjudication. The Equality Act complaints must also be remitted for fresh adjudication, but on the basis that the findings of knowledge of disability, and actual or constructive knowledge of substantial disadvantage, stand.”
Phullar had been an inspector since 2014, assessing nurseries, childminders and other early years settings to ensure they met government requirements.
Christina McAnea, general secretary at Unison, said: “Rupi endured the trauma of a life-changing diagnosis and was then discriminated against and unfairly dismissed by her employer. This result vindicates her. But she should never have been dismissed in the first place. Lessons now need to be learned. The judgment sends a clear message that employers need to support cancer survivors properly when they return to work.”
Ofsted told Personnel Today it would not be commenting on the case.
This article is based on a piece written for Personnel Today
