Mr P Nelson v Northumberland County Council — 2022

The claimant was employed as a Driving Training Instructor and an essential requirement of the role was holding a Group 2 licence. Following cardiac events and the fitting of a defibrillator, his Group 2 licence was permanently revoked. The respondent adjusted his duties for a substantial period so he could perform training that did not require that licence, while other instructors, including a casual driver, covered LGV training.

The Tribunal found that the claimant was dismissed for capability relating to the licence requirement. It accepted that the respondent reasonably believed he could not perform a key part of the role, consulted him through review meetings, obtained medical evidence, and could not reasonably wait longer given the permanent revocation and a backlog of 24 LGV drivers needing training. It held that the procedure was fair and dismissal was within the range of reasonable responses.

For discrimination arising from disability, the respondent accepted that the claimant was disabled, that dismissal was unfavourable treatment, that the loss of the Group 2 licence arose in consequence of disability, and that dismissal was because of that loss. The Tribunal found the respondent's aim of having appropriately qualified driver training instructors was legitimate and that dismissal was proportionate when balanced against the substantial impact on the claimant.

For reasonable adjustments, the Tribunal found the Group 2 licence requirement was a PCP placing the claimant at a substantial disadvantage. It held that the respondent had made reasonable adjustments for over three years by allowing him to undertake other parts of the job, but it was not reasonable to continue those adjustments indefinitely or permanently. It also considered redeployment and found no suitable alternative role had been identified, including any role that could have been adjusted.