Cancer survivor wins unfair dismissal appeal

A former Ofsted inspector, who lost her job five months after returning from sick leave due to cancer treatment, has won an appeal against an employment tribunal ruling over her dismissal.

Rupi Phullar, from Birmingham, was diagnosed with soft tissue cancer in her right shoulder in March 2021 and she returned to work in October that year.

Ofsted told Phullar the following March she would be dismissed in May because she was unable to fulfil all her duties, said her union, Unison.

The trade union took her case to an employment tribunal which found the dismissal did not amount to disability discrimination, but this has been overturned on appeal.

In a judgement published on Wednesday, the Employment Appeal Tribunal ruled that the initial tribunal decision was "extensively flawed", and that a fresh hearing must be held.

Phullar had worked as an inspector since 2014, ensuring nurseries, childminders and other services for young children met government standards.

Unison general secretary Christina McAnea 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."

The BBC has contacted Ofsted for comment.

Correction: An earlier version of this story incorrectly stated that Rupi Phullar had won an unfair dismissal appeal against Ofsted. This was not the case, and the story has been amended to reflect that the appeal has ruled against the initial tribunal decision, rather than against Ofsted itself.

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