Mr A Hussain v London General Transport Services Ltd — 2020

The claimant was employed as a driver and was dismissed after a period of sickness absence. The tribunal found that the respondent dismissed him for capability, namely long-term sickness absence with no expected return date and repeated failure to attend review meetings under its Long-term Sickness Absence Procedure. It found the dismissal was within the range of reasonable responses and that the respondent could not reasonably be expected to wait longer without information about a return date.

The tribunal found that the claimant had reported problems with a bus driver's seat, and that some reports conveyed information about pain or sitting position. However, it found he did not hold a belief at the time that the disclosures were made in the public interest, so they were not protected disclosures. It also found that the decision-makers were not aware of the seat reports and that those complaints were not the reason for dismissal.

For the disability discrimination claims, the tribunal found that the claimant had not shown that his back condition had a substantial and long-term adverse effect on normal day-to-day activities at the relevant time. The seat-related reasonable adjustment claim was also found to be out of time. The sick pay issue was resolved by consent for £785.60 gross, the travel pass deduction claim was dismissed because it had been repaid, and the unexplained holiday pay claim was dismissed.