Mr C Irish v West Hertfordshire Teaching Hospitals NHS Trust — 2025

The claimant worked as a Distribution or Delivery Officer and was dismissed after a period of long-term sickness absence following an injury at work. The tribunal found that the principal reason for dismissal was capability due to long-term absence, and that the respondent acted within the band of reasonable responses after consulting the claimant, considering the medical position, and deciding it could not reasonably be expected to wait longer.

The tribunal found that the claimant was disabled within the meaning of the Equality Act 2010 from 25 August 2022 because of impairments to his hands and wrists, and that the respondent knew or should have known of that disability from that date. It did not find the other relied-on impairments established as disabilities for the relevant purposes.

The direct disability discrimination complaint failed because the tribunal found no less favourable treatment because of disability. The discrimination arising from disability complaint failed because, although the later sickness absence arose from disability, the tribunal found the dismissal was because the claimant was or would be unfit for work and, in any event, was a proportionate means of achieving the legitimate aim of maintaining staffing levels and employing people capable of working. The reasonable adjustments complaint failed because the further postponement and redeployment steps relied on were not steps it was reasonable to require in the circumstances.