Cases3303169/2024

Claimant v Ikea Distribution Services Limited

14 November 2025Before Employment Judge HutchingsEast of England (Cambridge)in person

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

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.

Discrimination Arising from Disability (s.15)(disability)failed

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

BHS v Burchell [1978] IRLR 379S v Dundee City Council [2014] IRLR 131Pnaiser v NHS England [2016] IRLR 170Hampson v Department of Education and Science [1989] ICR 179City of York Council v Grosset [2018] ICR 149DB Schenker Rail (UK) Ltd v Doolan EATS 0053/09Pinnington v City and County of Swansea EAT 0561/03

Statutes

ERA 1996 s.94EqA 2010 s.15ERA 1996 s.98EqA 2010 s.6

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