Claimant v BMW (UK) Manufacturing Limited

The respondent failed to provide suitable adjusted duties from 28 June 2021 to 15 March 2023. OH advised lighter duties, GP requested duty changes, but respondent kept claimant on three cockpit roles causing pain, requiring painkillers. Respondent did not consider less strenuous roles in rework or make-up areas despite claimant's repeated requests and never relaxed the four-task minimum requirement.

The dismissal was because of the claimant's back condition. The tribunal inferred from facts (managers' distrust of associates with back conditions, covert surveillance without speaking to claimant, assumptions about walking ability) that dismissal was influenced by disability. Respondent failed to provide cogent explanation showing dismissal was not because of back condition.

Attendance warning issued January 2022 for absence caused by back pain (something arising from disability). Warning was not proportionate means of achieving legitimate aim because respondent had failed to make reasonable adjustments by providing suitable duties. If suitable duties provided, claimant may not have needed sickness absence.

Respondent dismissed for alleged fraudulent sick pay claim. Respondent did not have reasonable grounds for belief: claimant was genuinely unfit for work throughout (accepted by respondent's physiotherapists and GP), was not in receipt of sick pay at time of surveillance. Investigation inadequate - failed to properly review claimant's statements about walking, wrongly concluded he was receiving sick pay, did not put concerns to claimant before surveillance or disciplinary. Procedural failures took decision outside range of reasonable responses.

Claimant's alleged conduct did not amount to fundamental breach justifying summary dismissal. He was entitled to sick leave (not fit for work), was not fraudulently claiming sick pay (not in receipt at relevant time), did not dishonestly exaggerate symptoms. Respondent jumped to conclusions based on nature of condition without properly listening to what claimant said about walking ability.