Mr C Dobson v London Fire Commissioner — 2022

The claimant was employed as a firefighter and had a history of lengthy absences, including a final period of absence from January 2019 until dismissal. The respondent progressed him through its sickness capability process, obtained occupational health advice, considered redeployment and ill-health retirement issues, and held a stage three capability meeting and appeal. The claimant was dismissed on notice for capability/non-attendance.

The tribunal accepted that the reason for dismissal was capability, not misconduct. It found that the respondent's decision-makers considered the claimant's attendance history, the occupational health view that past attendance patterns were often reliable predictors of future attendance, his service-related injury, his long service, his fitness to return at the point of dismissal, and the operational effect of keeping him in the long-term sickness pool.

The tribunal concluded that the respondent had waited a substantial period, had not applied its policy rigidly, and was not required to wait longer for a GP report where the claimant had already been assessed as fit for work. It found that dismissal and the process followed fell within the range of reasonable responses open to the employer, so the unfair dismissal claim was dismissed.