Claimant v Cygnet Health Care Limited
Outcome
Individual claims
Withdrawn by claimant after the respondent paid the notice pay that had been owed since dismissal.
The dismissal was fair. The claimant had been on modified duties for 2 years and 8 months at significant cost, with no realistic prospect of recovery to pass the PMVA training required for full duties. The employer acted reasonably in treating capability as a sufficient reason for dismissal and went well beyond the 'extra mile' required for work-related injuries.
This appears to be discrimination arising from disability under s.15 Equality Act rather than direct discrimination. The dismissal was justified as a proportionate means of achieving a legitimate aim (ensuring duties carried out in a risk-free manner), applying the same balancing test as unfair dismissal.
The employer made all reasonable adjustments. The claimant was accommodated on light/admin duties for over 2.5 years at significant cost. Working from home was not reasonable. The requirement to stand for long periods was not established as a PCP. The only question was how long to wait for recovery, which was already answered - 2 years 8 months was more than reasonable.
Facts
Mrs Hamilton-Julien, a mental health nurse, injured her leg during mandatory PMVA training in January 2021, one week after starting employment. She suffered a hamstring tear and was unable to complete the physical training required for ward duties. She was accommodated on light/admin duties as a supernumerary for 2 years 8 months at significant cost (over £100,000). In November 2022 she suffered a second work injury (wrist) when a shelf collapsed. Despite physiotherapy, her condition deteriorated and she required a walking aid. She was dismissed on capability grounds in September 2023 when there was no realistic prospect of recovery to pass PMVA training.
Decision
The tribunal dismissed all claims. The dismissal was fair despite being for work-related injuries - the employer had gone well beyond the 'extra mile' by supporting her for 2 years 8 months with no realistic prospect of recovery. The same reasoning applied to discrimination arising from disability (justified as proportionate). Reasonable adjustments had been made - the question was simply how long to wait, and 2 years 8 months was more than reasonable.
Practical note
Employers are not obliged to retain employees with work-related injuries indefinitely: even where an employer must 'go the extra mile', over 2.5 years of accommodation at significant cost with no realistic prospect of recovery is more than reasonable.
Legal authorities cited
Statutes
Case details
- Case number
- 2301761/2024
- Decision date
- 30 October 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Mental Health Nurse
- Service
- 3 years
Claimant representation
- Represented
- No