Mr Frame, Solicitor For the v Miss Henning, Solicitor — 2021

Mr David Waltham transferred from EON to Morrison Data Services Limited on 1 September 2020. He had longstanding osteoarthritis and, before transfer, had worked on reduced workload with adjustments at EON. After transfer he was absent from work, the respondent sought an occupational health referral, and the tribunal noted that other claims for holiday and notice pay appeared to have been withdrawn.

On disability, the tribunal held that Mr Waltham was not disabled within s.6 Equality Act 2010 because, although he may have had a physical impairment, the evidence did not show a substantial adverse effect on normal day-to-day activities. It considered the medical material produced, including historical records and fit notes, but said that evidence did not assist him on the statutory test. Even if he had been disabled, the reasonable adjustments claim failed because the respondent's meter-reading business could not feasibly replicate the EON-style reduced workload, and the adjustments identified by occupational health were limited to wide-fitting footwear, a strap for the handheld device, a direct discussion about duties, and a phased return.

On unfair dismissal, the tribunal found the dismissal fair. It accepted that the respondent held welfare and capability meetings, obtained an independent occupational health report, considered the claimant's own position and alternative roles, and offered a phased return before dismissing him for capability by letter dated 23 July 2021. The appeal was heard on 6 August 2021 and was not upheld on 20 August 2021; the tribunal held that the decision to dismiss fell within the range of reasonable responses.