Mr A Clifford v Avon and Wiltshire Mental Health Partnership NHS Trust — 2024

The claimant was a Recovery Co-ordinator employed by the respondent NHS Trust for over 20 years and had bipolar disorder, which the respondent accepted was a disability. The tribunal found that the claimant's dismissal was unfavourable treatment because of sickness absence, and that some of the relevant absence arose in consequence of his bipolar disorder.

The tribunal found, however, that dismissal was justified as a proportionate means of achieving legitimate aims relating to attendance, resource management, patient services and consistent sickness absence management. It found there was no less discriminatory course that the respondent could reasonably have been expected to take, given the claimant's prolonged attendance record, lack of sustained improvement, position that he could not return to the SIS role, and the absence of a suitable alternative role.

For unfair dismissal, the tribunal found capability was the reason for dismissal, the respondent had adequately consulted the claimant, relied on up-to-date medical evidence, followed its policy, and gave the claimant opportunities to improve attendance. The tribunal concluded that the dismissal was not procedurally or substantively unfair and was within the range of reasonable responses.