An Ofsted inspector, who lost her job after developing cancer, has won an unfair dismissal and disability discrimination case against her former employer, says UNISON today (Wednesday).
In a judgment published this morning, the Employment Appeal Tribunal found Ofsted did discriminate against, and unfairly dismiss, Rupi Phullar, overturning an original ruling from 2024.
Rupi, from the West Midlands, had worked for Ofsted since 2014. Her job was to ensure nurseries, childminders and other services for young children met government standards.
In March 2021, the early years inspector had to take time off work after being diagnosed with soft tissue cancer in her right shoulder.
She returned to work in the October but Ofsted told Rupi in March 2022 that she was being dismissed because she was unable to fulfil all her duties. Her employment ended in May that year.
UNISON challenged Ofsted’s decision and took Rupi’s case to an employment tribunal in 2022. The tribunal agreed that Ofsted failed in its duty to make reasonable adjustments for Rupi, but said the dismissal was not unfair and didn’t amount to disability discrimination.
Today’s judgment upheld Rupi’s case against those findings. This is the second time UNISON has successfully appealed against an unfair dismissal at Ofsted. In March 2025 the Court of Appeal found that a former Ofsted inspector, sacked for brushing water off a child’s head, was unfairly dismissed.
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.”
Notes to editors:
– Timeline of Ofsted vs Rupi Phullar
March 2021:
Rupi diagnosed with cancer and starts sickness leave
October 2021:
She comes back to work on a phased return basis
March 2022:
Ofsted tells her she is being dismissed on grounds of ill health. Her employment ends in May
June 2022:
UNISON presents her claim to an employment tribunal
December 2023:
Hearing takes place at the employment tribunal
February 2024:
Employment tribunal finds Ofsted failed in its duty to make reasonable adjustments for Rupi, but says the dismissal was not disability discrimination.
November 2025:
Appeal hearing takes place at the EAT
January 2026:
EAT judgment handed down
– UNISON is the UK’s largest union, representing more than 1.3 million members working in public services and the private and voluntary sectors.
Media contacts:
Dan Ashley M: 07508 080349 E: d.ashley@unison.co.uk
Sophie Goodchild M: 07767 325595 E: s.goodchild@unison.co.uk
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