Ms R Munni v London Borough of Tower Hamlets — 2022

The Claimant was dismissed on 29 March 2022 after long-term and recurrent sickness absence. The Respondent accepted disability by rheumatoid arthritis and fibromyalgia, anxiety/depression was conceded during the hearing, and the Tribunal found the under-active thyroid was also a disability by the final absence period. The Tribunal found the Respondent had applied PCPs requiring Public Health Officers to perform their full role and maintain satisfactory attendance, and that these placed the Claimant at substantial disadvantage, but it rejected each alleged failure to make reasonable adjustments on its merits.

On harassment, the Tribunal found the evidence did not support the alleged pattern of weekly check-ins over the years or numerous calls while the Claimant was in Bangladesh. It found the contact was connected to sickness absence management, had not been objected to in the relevant way, and did not violate dignity or create an intimidating, hostile, degrading, humiliating or offensive environment.

On dismissal, the Tribunal found the Respondent genuinely believed the Claimant was incapable of carrying out her role, had obtained recent Occupational Health advice, had consulted her at the Stage 3 meeting, and had considered alternatives including adjustments and redeployment. Although the dismissal had a significant discriminatory impact, the Tribunal found the Respondent had done enough to show dismissal was proportionate to the legitimate aim of efficient running of its public health service, and that dismissal was within the band of reasonable responses for unfair dismissal purposes.