Claimant v Bedfordshire Hospitals NHS Foundation Trust

The tribunal found the reason for dismissal was capability (sickness absence) and that the dismissal was within the range of reasonable responses. The respondent conducted a thorough investigation including 10 Occupational Health referrals and 5 Stage 2 meetings over 4.5 years, gave the claimant numerous opportunities to improve attendance, and reasonably concluded he could not sustain acceptable attendance levels in future.

Withdrawn by claimant during the hearing.

While some absence arose from disability (sciatica and shoulder pain), this represented only a small portion of total absence (6 days out of 54 in 2022). The tribunal found dismissal was a proportionate means of achieving legitimate aims including service delivery, patient safety, and fair attendance management. The claimant had been given extensive support and opportunity to improve.

The tribunal identified three protected acts (emails in July 2021, December 2021, and August 2022 complaining of harassment, bullying, racial and gender bias). However, the tribunal found the decision-maker (Daniel Roberts) did not know about the protected acts and that Wayne Keane did not escalate to Stage 3 because of the protected acts. The dismissal was not because the claimant did a protected act.