Mr I Browne (counsel) For the v Mr S Sim (senior litigation consultant) — 2021

Mr M Miller worked for Rentokil Initial UK Ltd as a pest control technician from 11 April 2016 until his dismissal on 13 March 2019. The tribunal accepted that he had multiple sclerosis, which was a disability, and considered complaints of failure to make reasonable adjustments, discrimination arising from disability, and unfair dismissal. It found the discrimination claims and the unfair dismissal claim were presented in time after ACAS early conciliation was taken into account.

On reasonable adjustments, the tribunal found a PCP requiring field staff to work in their substantive roles and held that this placed the claimant at a substantial disadvantage because he was permanently restricted from working at heights and his MS made him slower at work. It rejected the separate hours PCP complaint, but held that the respondent failed to make a reasonable adjustment when it did not offer the claimant a four-week trial in the office-based service administrator role. The tribunal found that role was more junior, included administrative work already familiar to the claimant, and could reasonably have been tried with training or support if needed.

The tribunal held that dismissal was unfavourable treatment because of something arising in consequence of disability, namely the claimant's inability to continue in the technician role and the need for restrictions and reduced workload. Although capability was a potentially fair reason and the respondent had taken several steps to manage the claimant's position, the dismissal was not proportionate because the service administrator trial should have been offered. The unfair dismissal claim also succeeded because the failure to offer that alternative role took the dismissal outside the range of reasonable responses. The respondent was ordered to pay £14,445.43 in total, comprising £2,698.87 financial loss (including £232.91 interest), £8,000 injury to feelings (plus £1,564.06 interest), a basic award of £1,309.50, and a compensatory award of £873.00.