Mr A S Joseph v Dnata Ltd and 7 others — 2021

The tribunal found that the claimant was disabled by reason of ischaemic heart disease at all material times, and by reason of stress, anxiety and depression from 23 December 2019. The respondents knew or ought to have known of the mental impairment disability from that date. The indirect disability discrimination claim was withdrawn, and the direct discrimination, s.15 discrimination, harassment, victimisation and reasonable adjustment claims were dismissed.

The tribunal accepted that some matters, including sickness absences and inability to work after 20.30, arose in consequence of disability. However, it found that the respondent's actions in relation to shift patterns, shift allowance, disciplinary matters, absence management and dismissal were either not because of disability, not related to disability, or were justified as proportionate means of achieving legitimate aims. It also found that the adjustments sought in relation to shift allowance, sick pay and attendance management were not reasonable steps the respondent was required to take.

On sick pay, the tribunal found that the claimant had moved from Aviance terms to dnata terms in 2014, but that the contractual sick pay terms did not include a requirement to work 12 months free of absence before sick pay was reinstated. The first respondent therefore breached contract and made unauthorised deductions by failing to pay sick pay under the incorporated terms. The amount of any deduction was left for remedy or agreement.

On unfair dismissal, the tribunal found that the dismissal was for capability arising from unacceptable levels of sickness absence. It held that the respondent had consulted the claimant, obtained occupational health evidence, considered the position on appeal, and reasonably concluded there was no likely sustained improvement in attendance. The unfair dismissal claim was dismissed.