Claimant v Compass Group UK and Ireland Ltd

The tribunal found that the respondent failed to properly consider reasonable adjustments for the Claimant in relation to the NPH ward hostess role. This failure led directly to the decision to dismiss and meant the investigation was flawed and the respondent's actions were outside the range of reasonable responses. The tribunal found the dismissal unfair despite acknowledging the respondent's efforts to consult, obtain medical advice, and trial the claimant in alternative roles.

The tribunal found that the respondent failed to properly consider the Claimant for the ward hostess role at Northwick Park Hospital. The feedback from NPH was not properly documented, was cursory, and contradicted by actions taken by NPH (extending trial, placing on rota). The tribunal found insufficient evidence that the respondent properly considered how to support the Claimant and came to conclusions without proper analysis of reasonable adjustments. Claims regarding occupational health referral timing, reception vacancy, helpdesk role and other roles failed.

The tribunal found that dismissing the Claimant was unfavourable treatment because of something arising from her disability (ability to only undertake light duties). The tribunal found this was not a proportionate means of achieving the legitimate aim because the reasoning for dismissal was flawed due to the failure to properly consider reasonable adjustments for the NPH ward hostess role. This tainted the decision to dismiss and made it disproportionate. Claims regarding not deploying to full-time light duties position and subjecting to capability process failed as proportionate.