Mr E Gitemi v Bedfordshire Hospitals NHS Foundation Trust — 2021

The claimant was dismissed with immediate effect after a history of sickness absence. The tribunal found that the reason for dismissal was capability, that the respondent genuinely believed the claimant was likely to be unable to sustain an acceptable level of sickness absence, and that this belief followed reasonable investigation and consultation, including occupational health referrals and attendance meetings.

For the disability discrimination claim, the tribunal found that some of the claimant's sickness absence arose in consequence of disability and contributed in part to the dismissal. It found, however, that the dismissal was mainly because of absence unrelated to disability, that less serious options had been considered and reasonably rejected, and that dismissal was a proportionate means of achieving legitimate aims. The tribunal also found that dismissal and rejection of the appeal were not because of protected acts, and the direct race discrimination claim was withdrawn.