Mr G Allan v Caledonian MacBrayne Crewing (Guernsey)Limited — 2023

The claimant worked for Caledonian MacBrayne Crewing (Guernsey) Limited as a ship's cook from 5 April 2017 until his dismissal for capability (ill health) in early 2023. The tribunal heard a preliminary hearing on disability status and time limits. It accepted that both witnesses were honest and found there were no real disputes of fact. The claimant had bursitis affecting his right hip, went off sick on 23 February 2022, and later returned on a phased basis after occupational health and ENG1 medical assessments.

The tribunal held that bursitis was a physical impairment and that it adversely affected the claimant's ability to sleep, walk, sit and bend down. However, because the relevant period began before the 12-month anniversary of the onset of that substantial adverse effect, and there was no medical evidence showing that the condition was likely to last at least 12 months at the earlier dates, the claimant was found to have become disabled only from around mid-January 2023. On that basis, the direct discrimination claim and the reasonable-adjustments complaint relating to the phased return on his own vessel in September 2022 were dismissed, as were disability claims relating to acts before he was disabled.

On unfair dismissal, the tribunal construed the 13 January 2023 termination letter and the oral discussion on 12 January 2023 as giving seven weeks' notice rather than immediate termination in lieu of notice. It therefore held that the effective date of termination was 3 March 2023. The unfair dismissal claim was accordingly in time. The tribunal also said that, if that construction were wrong, it would have extended time because the claimant reasonably believed his employment was continuing while his salary and payslips continued to be paid and the respondent did not explain the payroll mistake.

For the disability discrimination claims, acts before 25 January 2023 were out of time, but the claims arising from the capability dismissal effective 3 March 2023 and the appeal outcome on 20 March 2023 were in time. Those remaining claims, together with any unresolved time-bar questions about conduct extending over a period or a just and equitable extension, were reserved for the full hearing. No monetary award was made at this stage.