Ms J Littlewood v South East Coast Ambulance Service NHS Foundation Trust — 2025

The claimant was employed as an Advanced Technician and was accepted to be disabled within the meaning of section 6 Equality Act 2010 due to bilateral neuro foraminal stenosis and traumatic stress disorder. The tribunal recorded a history of sickness absence, occupational health involvement, adjusted duties, reduced hours, and stage 3 attendance hearings under the respondent's managing health and attendance procedure.

The tribunal found that the claimant's unfair dismissal complaint was not well founded. It recorded that the decision maker was satisfied the claimant's absence was for genuine health reasons over a considerable period, that she had not maintained sustained attendance in her role for several years, and that at the point of dismissal there was no prognosis and no foreseeable return date.

For the disability discrimination complaint, the tribunal found that one alleged PCP, requiring full contractual duties to avoid dismissal, did not apply because the respondent considered options including alternative duties, reduced hours, phased return, and occupational health advice. For the attendance PCP, the tribunal concluded that the adjustments relied on were either provided or would not have alleviated the disadvantage, and the complaints were dismissed.