R McPherson & A Matheson Mr A Fisher v Ltd (In Liquidation) — 2024

The claimant was a Centre Manager who had a left knee impairment. The respondent accepted that he was disabled, that his inability to do manual work arose from that disability, and that he was subjected to capability procedures and dismissed because of that inability. The tribunal found that manual tasks were part of the Centre Manager role, but that light duties had been put in place as a reasonable adjustment from 2020.

The tribunal accepted capability was the reason for dismissal, but found the dismissal unfair. It found that the respondent had not properly analysed the causes of the Yoker centre's losses, where staffing shortages, closures, flooding and limited services were also relevant. The respondent had not properly considered alternative employment or adjustments, including moving the claimant to a larger centre, continuing light duties while he was near the top of the waiting list for surgery, or properly exploring mechanical aids.

For the Equality Act claims, the tribunal found the respondent failed to make reasonable adjustments, including redeployment to a larger centre, continuing light duties, and investigating mechanical aids. It also found the section 15 claim made out because less discriminatory measures could have been taken to achieve the legitimate aim of efficient and profitable running of the Yoker centre. The tribunal reduced wage-loss compensation for a six-month failure to mitigate, and awarded £5,000 for injury to feelings.