Mr C Oakes v Royal Free London NHS Foundation Trust — 2025

The claimant, a Junior Charge Nurse on a paediatric ward, was disabled by reason of Crohn's disease, depression and anxiety. The tribunal found that he had been chronically and persistently absent, including 146 days out of 262 working days in the year before August 2023, and that his role was important to ward staffing, supervision and patient care. It rejected his evidence that his absences would not be felt and accepted evidence that his absences placed significant strain on the ward.

On reasonable adjustments, the tribunal found no medical evidence that extending employment, discounting disability-related absences, further adjusting attendance targets, shorter shifts, or redeployment would have improved attendance or enabled the claimant to perform his duties. It found that the respondent had provided support and adjustments, including phased returns, reduced duties, avoiding night shifts, flexible working and leave, and that reduced attendance targets had not improved attendance.

For the s.15 Equality Act claim, the respondent accepted that dismissal was unfavourable treatment because of absence arising in consequence of disability, but the tribunal found dismissal was a proportionate means of achieving the legitimate aims of ensuring minimum attendance and running the service safely and properly. For unfair dismissal, the tribunal found capability by reason of health was the reason for dismissal, that the respondent was entitled to rely on occupational health evidence, and that both the dismissal and appeal decisions fell within the range of reasonable responses despite the appeal being described as light touch and scantily reasoned.