Ms J Howie v Mountain Healthcare Limited — 2023

The Claimant brought disability discrimination and unfair dismissal claims, but the disability discrimination complaint had been withdrawn before the final hearing and was the subject of a separate dismissal judgment. This judgment therefore determined only whether the Claimant was unfairly dismissed by Mountain Healthcare Limited following a capability process.

The tribunal found that the Claimant worked as a Forensic Practitioner providing custody healthcare at Thames Valley Police custody suites, and that basic life support, including cardiac resuscitation, formed part of both the contractual arrangements and the job description. It accepted that the Claimant had osteoarthritis and prior hip and knee replacements, and that she could not kneel. Occupational Health and the Respondent only became fully aware of the practical consequence of that condition in June 2021, after which the Respondent carried out a risk assessment, further Occupational Health consultation, an investigatory meeting and a capability hearing.

Applying section 98 of the Employment Rights Act 1996 and the Burchell approach as applied to capability dismissals, the tribunal found that the Respondent genuinely believed the Claimant was unable to perform a vital part of her role, had reasonable grounds for that belief, had consulted the Claimant adequately and had carried out a reasonable investigation. It accepted the Respondent's evidence that allowing a practical CPR demonstration would have exposed the Claimant to a risk of injury, and it found that no suitable alternative role was available. The unfair dismissal claim was dismissed and no monetary award was made.