Mr D Doyle v Muller UK and Ireland LLP — 2022

The claimant was dismissed from his tanker driver role on grounds of ill health incapacity after a long period of absence. The respondent accepted that he was disabled by extreme stress and anxiety. The tribunal found that the respondent held a series of absence meetings, referred him to Occupational Health, sought clarification from Occupational Health, and discussed possible alternative roles before dismissing him.

For direct disability discrimination, the claimant relied on three actual comparators. The tribunal found that one comparator was materially different because he wanted to return and accepted an alternative role, and that the other two were not treated more favourably in the relevant respect. It concluded that the claimant had not proved facts from which it could conclude that dismissal was because of disability.

For discrimination arising from disability, the tribunal found that the claimant's absence arose from his disability and was one reason for dismissal. It also found that another reason was the position the claimant took that he did not want to return to his substantive role or any other role in light of the grievance outcome. The respondent's aim of maintaining acceptable attendance and avoiding additional burden on other employees was accepted as legitimate, and dismissal after more than 48 weeks' absence was found proportionate.

For unfair dismissal, the tribunal found that capability was the reason for dismissal and that the procedure followed was fair and reasonable. It rejected the claimant's arguments about the absence manager and the stress risk assessment, finding that the claimant had not objected to the manager at the time and that the stress risk assessment was not progressed because the claimant was saying he could not return in any capacity. The unfair dismissal claim was dismissed.