Case 4107455/2019 · Employment Tribunal
Mr A Aslam v Santander UK plc — 2022
- Case reference
- 4107455/2019
- Decision date
- 4 March 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Robison
Parties
2 namedClaimant
Mr A Aslam
Respondent
Key findings
Tribunal's reasoningThe claimant was dismissed from his role with Santander on grounds of ill-health capability after extended training for a call centre role. The tribunal found that the respondent had identified capability as the genuine reason for dismissal and that this was a potentially fair reason under the Employment Rights Act 1996.
The tribunal accepted evidence that the claimant had been given one-to-one training, additional attempts to pass required tests, and other adjustments, but remained unable to meet the required standard for key processes including identification and verification and use of the i-Exchange system. The tribunal also accepted that no further adjustment or alternative role was available that would have allowed him to continue in employment.
The tribunal found that the respondent followed a fair procedure, including a review, a stage 3 capability hearing, warning that dismissal was a possible outcome, and an appeal. It concluded that dismissal for capability reasons was within the range of reasonable responses and that the unfair dismissal claim was not well founded and was dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The final hearing related only to unfair dismissal. The judgment records that an earlier disability discrimination claim had already been dismissed following non-compliance with an unless order, but the tribunal did not determine that claim at this hearing. | Dismissed | — | — |
Legal tests applied
6 references- s.98(1) Employment Rights Act 1996
- s.98(2) Employment Rights Act 1996
- s.98(4) Employment Rights Act 1996
- band of reasonable responses
- Iceland Frozen Foods Ltd v Jones 1982 IRLR 439
- Alidair Ltd v Taylor 1978 ICR 445
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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