Mr T Cowland v South Western Ambulance Service NHS Foundation Trust — 2023

The tribunal found that Mr Cowland's 19 January 2020 email about the HART training incident was a protected disclosure. His section 47B detriment complaints were dismissed because they were substantially out of time, and the tribunal also found they would not have succeeded on the evidence. The section 103A automatic unfair dismissal claim was dismissed because the protected disclosure was not the reason or principal reason for dismissal.

The Trust accepted that Mr Cowland was disabled by PTSD, knew of that disability, and dismissed him because he could not return to his substantive HART Paramedic role as a result of the effects of that disability. The tribunal accepted that ensuring the efficient and proportionate use of public funds was a legitimate aim, but found the Trust had not shown dismissal was a proportionate means of achieving it. In particular, the Trust had not taken a sufficiently proactive approach to alternative employment, had not fully pursued roles still under discussion, and should have obtained updated occupational health advice.

The ordinary unfair dismissal claim also succeeded. The tribunal accepted capability was the principal reason for dismissal and that the Trust believed Mr Cowland could not return to his HART Paramedic role for an indeterminate time, but found dismissal outside the band of reasonable responses because a reasonable employer would have focused further on alternatives to dismissal before dismissing. The direct disability discrimination allegations were dismissed, and the notice pay claim was withdrawn.