Claimant v Glasgow City Council

The tribunal found dismissal for capability due to ill health was the genuine reason. The claimant had been absent for almost exactly one year with no clear indication he could provide reliable service. The respondent consulted extensively through four meetings, obtained OH reports, and only dismissed after the claimant repeatedly returned to his grievance concerns at the final meeting, demonstrating he had not moved on. The dismissal was not premature and fell within the band of reasonable responses.

This was framed as a section 15 discrimination arising from disability claim. The tribunal accepted the dismissal was unfavourable treatment because of something (long-term absence and anticipated future absences) arising from the claimant's disability (depression). However, the dismissal was a proportionate means of achieving the legitimate aim of attendance management. The respondent demonstrated patience over 12 months and only dismissed when there was no clear indication of reliable service being provided.

The tribunal found the respondent did apply a PCP of taking all absences into account. However, it was not established this placed the claimant at substantial disadvantage compared to non-disabled persons. The adjustments sought—discounting disability-related absences and allowing a trial return to work—were not reasonable in circumstances where the claimant repeatedly stated he could not return while his grievance was unresolved and continued to focus obsessively on the grievance at the dismissal meeting despite OH indicating fitness to return.