ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000427/2025 Hearing Held at Glasgow on and July 2025 Employment Judge: M A Macleod L Urquhart v Glasgow City Council — 2025

The claimant was dismissed after a period of absence of almost one year. The tribunal found that the reason for dismissal was capability due to ill health. It found that the respondent had consulted the claimant through a number of absence meetings, obtained occupational health advice, considered support for a return to work, and was entitled to conclude that the claimant was not capable of providing effective and reliable service in the foreseeable future.

For the section 15 Equality Act 2010 claim, the respondent conceded that the claimant was disabled at the relevant time and that it knew or ought to have known this. The tribunal found that dismissal was unfavourable treatment because of absence and anticipated further absence arising in consequence of disability. It accepted the respondent's legitimate aim of managing attendance and found dismissal after the period of absence and consultation was a proportionate means of achieving that aim.

For reasonable adjustments, the tribunal found that the respondent applied a PCP of taking all absences into account in the attendance management process, but it was not clear that this placed the claimant at a substantial disadvantage compared with non-disabled employees. It did not find that the respondent applied a PCP of dismissing employees who were fit for work because further absence was anticipated. The tribunal also found that discounting some or all disability-related absence, or allowing the claimant to return to work before deciding on dismissal, were not reasonable adjustments in the circumstances. All claims were dismissed.