Claimant v British Airways plc

The tribunal found that none of the sickness absences which triggered the EG300 absence policy and led to dismissal were related to the claimant's mental ill health disability (depression and anxiety). The absences were for colds, flu, sickness bug, tonsilitis and cough. The claimant's late argument that these were side effects of her citalopram medication was rejected as wholly unsupported by evidence and never raised with the respondent.

The tribunal found that the application of the EG300 sickness absence policy did not put the claimant at a substantial disadvantage compared to non-disabled persons, because none of the sickness absence that led to the application of the policy was related to her mental ill health disability.

The tribunal found the dismissal was for a potentially fair reason (capability due to ill health absence) and that the respondent acted reasonably in treating that as sufficient reason to dismiss. The EG300 policy was carefully applied over 15 months with full consultation, occupational health advice was obtained, and the claimant had opportunities to improve. Her absence reached 50% of contracted hours for largely unconnected reasons, and the respondent took reasonable steps before dismissing.