Miss R. Jalloh v Change Grow Live — 2024

The claimant was employed as an opiate recovery worker and had coronary artery disease, which the respondent admitted was a disability. After periods of sickness absence and temporary adjusted duties, the respondent concluded that she could not perform the core duties of the recovery worker role, including face-to-face work with service users, and that the temporary administrative duties could not continue as a separate funded role.

The tribunal found that dismissal was unfavourable treatment because of something arising in consequence of disability, but accepted the respondent's legitimate aims of managing the effective and efficient use of its workforce and providing a satisfactory service for service users. It found that redeployment was explored, that the claimant did not identify an alternative role she would consider, and that dismissal was a proportionate means of achieving those aims.

For unfair dismissal, the tribunal found the reason for dismissal was capability, namely ill-health absence and inability to perform the core role, with no firm indication of return. Looking at the procedure as a whole, including the appeal stage, it held that the respondent had informed itself of the medical position and acted reasonably in treating capability as sufficient grounds for dismissal.