Claimant v Ikea Distribution Services Limited
Outcome
Individual claims
The tribunal found the respondent genuinely believed the claimant could no longer perform his Co-worker role after 2.5 years of light duties with no prognosis for recovery. The respondent had reasonable grounds based on GP fit notes, multiple OH reports, and the claimant's inability to provide a recovery timeline. The respondent adequately consulted the claimant through six capability meetings, three welfare meetings, and several OH referrals over 2.5 years. Dismissal fell within the band of reasonable responses given the prolonged period, lack of medical evidence of improvement, and operational need for all workers to rotate tasks including heavy lifting.
The tribunal found the respondent followed GP and OH advice by placing the claimant on light duties from September 2021 onwards and did not require him to carry out inappropriate heavy duties. Managers' questions about prognosis and recovery timescales were not harassment but necessary and supportive enquiries to understand the claimant's condition and provide appropriate support. Dismissal after 2.5 years was a proportionate means of achieving the legitimate aim of adequate resourcing, given the claimant could not perform the full Co-worker role, had provided no recovery timeline despite two trips to Egypt for treatment, and the operational need for all workers to rotate including heavy lifting tasks.
Facts
The claimant worked as a Warehouse Co-worker for IKEA from April 2020 until dismissal in February 2024. In September 2021 he developed lower back pain requiring light duties. Over 2.5 years the respondent held six capability meetings, three welfare meetings, and made several OH referrals. The claimant was placed on permanent light duties avoiding heavy lifting. Despite two trips to Egypt for treatment and multiple opportunities, the claimant provided no medical evidence of a recovery timeline or prognosis. After a stage 4 capability meeting in February 2024, the respondent dismissed the claimant as he could not perform the full Co-worker role which requires rotation including heavy lifting tasks.
Decision
The tribunal unanimously dismissed both claims. The unfair dismissal claim failed because dismissal was within the band of reasonable responses after 2.5 years of consultation, light duties, and no visibility on recovery. The discrimination arising from disability claim failed because the respondent followed all medical advice, provided appropriate light duties, asked necessary questions about prognosis, and dismissal was a proportionate means of achieving adequate staffing levels given operational needs.
Practical note
Employers can fairly dismiss on capability grounds after a prolonged period (2.5 years) of light duties where the employee cannot provide medical evidence of a recovery timeline and the operational need requires all staff to rotate tasks including those the employee cannot perform.
Legal authorities cited
Statutes
Case details
- Case number
- 3303169/2024
- Decision date
- 14 November 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Warehouse Co-worker
- Service
- 4 years
Claimant representation
- Represented
- No