Mr G Mills v South Western Ambulance Service NHS Foundation Trust — 2023

The claimant was employed as a paramedic and was dismissed on grounds of ill health after a prolonged absence. The respondent conceded disability at material times by chronic dysthymia and PTSD. The tribunal found the respondent knew or ought to have known of disability from receipt of the November 2019 occupational health report.

For discrimination arising from disability, the tribunal accepted that applying the absence management process and dismissing the claimant were unfavourable treatment linked to sickness absence arising from disability, but found the treatment justified by legitimate aims including managing attendance, providing emergency services, maintaining public trust, supporting staff on sickness absence and using public funds efficiently. It found the stage 2 process and dismissal were proportionate in circumstances where medical evidence and the claimant's own position indicated no foreseeable return to paramedic work or redeployment.

For indirect discrimination, the tribunal found the absence management policy put the claimant at stress and anxiety and on a route to dismissal, but was justified. It assumed, for the purpose of the judgment, that requiring staff to reapply for operations officer roles in 2018 placed disabled staff at a disadvantage and accepted the claimant scored less highly, but found the reapplication process was justified and included provision for reasonable adjustments.

For reasonable adjustments, the tribunal found the respondent should have removed relief night shifts after occupational health advice and repeated return to work discussions, but that claim was presented substantially out of time and time was not extended. It found insufficient regular managerial support did not amount to a PCP, and that disapplying the sickness absence policy or not dismissing the claimant would not have been reasonable. The unfair dismissal claim failed because the tribunal found adequate consultation, sufficient up-to-date medical evidence, no reasonable basis to wait longer, and a fair procedure.