Mr Trebilcook v Royal Borough of Greenwich — 2020

The claimant was dismissed with effect from 30 September 2019 from his role as a Seclusion Officer after a period of sickness absence attributed to work-related stress. The respondent relied on capability, alternatively some other substantial reason, connected with long-term ill health and the claimant being unable or unwilling to return to work.

The tribunal found that the respondent had followed its attendance management process through stages 1 to 3, obtained occupational health reports, involved the claimant's union representative, and gave the claimant appeal rights. It accepted that the claimant had been absent for a substantial period, that the work needed to be covered, and that the respondent was entitled to proceed without excluding the headteacher from the relevant management meetings.

The tribunal concluded that the claimant's position from November 2018 onwards was directed towards obtaining a settlement rather than returning to work, and that by the appeal stage he did not give a clear commitment to return despite the headteacher having left and mediation with his line manager being discussed. It held that dismissal was substantively and procedurally within the range of reasonable responses, and that the respondent could no longer reasonably be expected to wait for the claimant's return.