Miss Amanda Goodwin v Sheffield Teaching Hospitals NHS Foundation Trust — 2022

The claimant was employed as a community phlebotomist and had migraines which the respondent accepted amounted to a disability. Her disability-related absences increased from 2019. The respondent had previously adjusted absence triggers by 50%, progressed the claimant through its Managing Attendance Policy, and dismissed her at Stage 4 on 9 July 2021 on capability grounds connected to attendance.

The tribunal found that migraine-related absences arose from disability and that dismissal was unfavourable treatment because of those absences. Although the respondent had a legitimate aim of securing regular attendance to deliver safe and high-quality services, dismissal was not proportionate. The tribunal placed weight on the July 2021 Occupational Health report, which recorded recent medication changes and an improved outlook, and found that waiting about six months would have reduced the discriminatory impact while still allowing the respondent to manage attendance.

For unfair dismissal, the tribunal found capability by reference to health was a potentially fair reason, but the dismissal was outside the range of reasonable responses. The respondent had not properly considered the July 2021 Occupational Health report, had not discussed it substantively with the claimant, and had not properly considered redeployment. The reasonable adjustments and direct disability discrimination claims were dismissed for the reasons set out in the judgment. Remedy was left for a separate hearing.