Mr A Jewitt v Health & Safety Executive (Inspector Julian Charles Tuvey) — 2021

The tribunal found that the respondent dismissed the claimant for capability, namely poor performance, which was a potentially fair reason under the Employment Rights Act 1996. It found the respondent had a genuine belief that the claimant was incapable of maintaining the required standard, had investigated the position over a lengthy period, had given repeated warnings and opportunities to improve, and had followed a fair procedure overall. Although the claimant was not given Mr Dawson’s report before the stage 3 meeting, the tribunal found that defect was not fatal and was remedied on appeal. The unfair dismissal claim was therefore dismissed.

On the disability discrimination claims, the respondent accepted that the claimant was disabled by reason of depression and had knowledge of that disability. The tribunal rejected the claimant’s case that failures to change his line manager, the handling of performance management, and the dismissal itself amounted to direct disability discrimination. It found no sufficient evidence of less favourable treatment because of disability, and no adequate comparator evidence. It also rejected the claimant’s contention that his relationship with Mr Dawson had broken down in the way alleged.

The tribunal also dismissed the reasonable adjustments and section 15 claims. Although it accepted that maintaining line management and performance management were PCPs, it found the claimant had not shown that those PCPs placed him at a substantial disadvantage because of his disability, or that the suggested adjustment of changing line manager was made out on the evidence. It further found that the claimant had not produced evidence establishing that his poor performance arose in consequence of his depression. In any event, the tribunal held that maintaining adequate performance standards and using performance management, including dismissal after a lengthy process, was a proportionate means of achieving a legitimate aim.