Ms Steadman v University Hospitals Birmingham NHS Foundation Trust — 2023

The tribunal dismissed the unfair dismissal claim. It found that the reason for dismissal was capability, a potentially fair reason under the Employment Rights Act 1996, and concluded that the respondent genuinely believed the claimant was no longer capable of performing her duties because of persistent short-term absences.

The tribunal found that the claimant had been consulted regularly, that the respondent had carried out a reasonable investigation including consideration of the medical position, and that dismissal fell within the range of reasonable responses. It also accepted that the claimant had attempted to appeal, but found that the appeal communications were not received and considered it extremely unlikely that an appeal would have changed the outcome.

The disability-related claims were also dismissed. The tribunal found that absences relating to the claimant's back condition and Covid-related absences were not taken into account in the dismissal decision. It further found that adjustments had already been made, including an ergonomics assessment, a modified chair, reduced hours, amended duties and a change of work area, and noted that redeployment had been offered and declined.