Claimant v Imperial College Healthcare NHS Trust
Outcome
Individual claims
The tribunal found that the dismissal was fair pursuant to section 98 of the Employment Rights Act 1996. The tribunal concluded that the respondent acted reasonably in treating the reason as sufficient for dismissal and followed a fair procedure.
The tribunal found that the claimant had a disability due to gastrointestinal issues between February 2021 and May 2023, but the claim for failure to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010 failed. The tribunal was not satisfied that the respondent failed in its duty to make reasonable adjustments.
Facts
Mr Bouzidi, a self-represented claimant with the assistance of an Arabic interpreter, brought claims against Imperial College Healthcare NHS Trust. The tribunal determined he had a disability due to gastrointestinal issues between February 2021 and May 2023, but not for mental health issues or urinary tract infections. He claimed unfair dismissal and failure to make reasonable adjustments.
Decision
The tribunal dismissed both claims. The unfair dismissal claim failed because the respondent acted reasonably and followed fair procedures under section 98 ERA 1996. The reasonable adjustments claim failed despite the tribunal finding the claimant was disabled due to gastrointestinal issues, as the respondent had not failed in its duty under sections 20 and 21 of the Equality Act 2010.
Practical note
A finding of disability under the Equality Act does not automatically lead to success in a reasonable adjustments claim; claimants must still prove the employer failed in its statutory duty to make adjustments.
Legal authorities cited
Statutes
Case details
- Case number
- 2217680/2023
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No