Mr. K Chamberlain v 2Gether Support Solutions Limited — 2024

The Tribunal found that the Claimant had a disability within the meaning of section 6 of the Equality Act 2010, namely a cardiac condition. The Respondent accepted knowledge of the cardiac condition from 8 December 2021, and the Tribunal found the dismissal and appeal rejection were connected with things arising from that disability, including sickness absence and inability to undertake lone working, working at height or driving.

The unfair dismissal complaint succeeded. The Tribunal accepted capability as the reason for dismissal, but found the Respondent had not carried out a reasonable investigation into the up-to-date medical position and prognosis, had not adequately consulted the Claimant, and could reasonably have waited longer, given the stent procedure was due within days and the Claimant had indicated a good and quick recovery prognosis.

The section 15 disability discrimination complaint succeeded because the Respondent did not show that dismissal or rejecting the appeal was a proportionate means of achieving its legitimate aims. For reasonable adjustments, the Tribunal dismissed the proposed adjustments involving continued work without lone working, working at height or driving, redeployment, and creating a soft services role, but upheld the adjustment of delaying dismissal until a further occupational health report after the stent insertion.