Cancer survivor wins unfair dismissal appeal against Ofsted, says UNISON

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.

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 Birmingham, 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.