Mr L Bronze, of counsel For the v Respondent — 2022

Mr Kotecha worked for the London Borough of Hillingdon as its only Restorative Justice Officer from 2003 until his dismissal took effect on 22 June 2020. He went off sick on 12 August 2019 with back pain and remained absent thereafter. The tribunal found that the role was more practical and frontline than office-based, and that more than half of the work had to be done outside an office in face-to-face work with young people and communities.

On the unfair dismissal claim, the tribunal rejected the case that the decision to dismiss had been predetermined or that the appeal process was unfair. It found that Ms Wyatt genuinely wanted the claimant to return to work if he could do the job, that the respondent had obtained occupational health advice in November 2019, February 2020 and July 2020, and that Mrs Kelly considered the appeal carefully in the light of later medical evidence and the claimant’s own representations. The tribunal also found it was not outside the range of reasonable responses for the respondent to conclude that the claimant could not realistically return to the practical parts of his role, even with home-working or redeployment, and that his continued absence had an operational and financial impact on the youth justice service.

On the disability discrimination claim, the tribunal held that the claimant was disabled within section 6 and Schedule 1 of the Equality Act 2010, that the respondent knew of the disability, and that dismissal was unfavourable treatment because of something arising in consequence of that disability. It nevertheless found the dismissal was a proportionate means of achieving legitimate aims, namely the effective use of financial resources and the provision of an effective youth justice service. It therefore dismissed the section 15 claim. The direct discrimination claim, reasonable adjustments claim, breach of contract claim, and unpaid wages claim were withdrawn orally on 2 August 2022 and dismissed on withdrawal. No monetary award was made.