Mrs Lorraine Hamilton-Julien v Cygnet Health Care Limited — 2025

The claimant, a mental health nurse at Cygnet Maidstone, suffered a hamstring injury in January 2021 during PMVA (Physical Management of Violence and Aggression) restraint training and a wrist injury in November 2022. She was unable to complete the PMVA training course and from late 2022 was largely confined to administrative duties. She was dismissed on capability grounds in September 2023. The respondent accepted that her leg and wrist injuries amounted to a disability.

The tribunal held that the dismissal was fair and that the employer had taken reasonable steps to accommodate the claimant over a substantial period before reaching the capability decision. The discrimination arising from disability claim was dismissed on the same justification analysis, the tribunal applying the same standard of fairness. The reasonable adjustments claim was dismissed: the tribunal did not accept the third PCP regarding prolonged standing was made out, accepted that home working was no longer pursued, and found that the proposed adjustment for the PMVA requirement (continuing on light duties until training could be completed) was in substance what had happened.

The tribunal was critical of one aspect of the process, namely the dismissal without notice, which it said was wrong and should be reserved for cases of gross misconduct. It concluded this had been done through lack of experience rather than any intent to humiliate, and did not render the dismissal unfair. The wrongful dismissal complaint was dismissed on withdrawal because notice pay had since been paid.