Ms C Davis v Cardiff and Vale University Local Health Board — 2019

The claimant was a long-serving radiographer who was dismissed with notice for ill-health capability after long periods of sickness absence. The respondent accepted that she was disabled by reason of mental impairment. The tribunal found that workplace relationships on the emergency radiology night shift had broken down, but preferred the respondent's witnesses where there were material factual disputes and found that many of the claimant's allegations about colleagues were not established.

The tribunal found that none of the five alleged disclosures about an elderly femur x-ray patient and a tuck shop amounted to protected disclosures. It found that the claimant did not have the required reasonable belief that the disclosures were in the public interest or tended to show a relevant failure. The whistleblowing detriment and automatic unfair dismissal complaints were therefore dismissed.

The disability discrimination complaints were also dismissed. The tribunal found no sufficient link between the alleged harassment and disability, rejected most alleged failures to make reasonable adjustments, and found that the respondent had taken or would have considered relevant support steps in the circumstances. The discrimination arising from disability complaint about dismissal was dismissed because, although dismissal was unfavourable treatment arising from disability-related absence, the tribunal found it was a proportionate means of achieving a legitimate aim.

The ordinary unfair dismissal claim was dismissed because the tribunal found the reason for dismissal was capability, the respondent had obtained occupational health evidence and consulted the claimant, and there was no realistic prospect of return or redeployment. The unlawful deduction claim was dismissed because the alleged sum was not properly quantified and, in any event, the tribunal found the claimant did not meet the eligibility criteria for injury allowance and the refusal was not Wednesbury unreasonable.