Claimant v Brierly Hill Tyre Services Ltd t/a BTS Garage

The tribunal found the comparison with a hypothetical non-disabled employee able to work a full day was misconceived. The correct comparison was with a non-disabled mechanic with the same length of absence. The tribunal concluded on the balance of probabilities that the Respondent would have dismissed a non-disabled mechanic with the same period of absence, given the small size of the business and the need to manage operational demands.

The tribunal accepted that the claimant's absence from work arose from his disability and that he was dismissed because of that absence. However, the tribunal found that dismissal was a proportionate means of achieving the legitimate aim of ensuring adequate resources to manage operational demands. Although no final meeting was held, dismissal without one was proportionate given the claimant's aggressive behaviour on 6 November 2023, his ongoing anger issues identified in medical reports, and the lack of any prospect of return.

The tribunal found that while a PCP requiring full working days existed and could place the claimant at a disadvantage (difficulty rising in mornings, concentration issues), these disadvantages did not apply while he was signed off sick. The proposed adjustments (phased return, supervision, risk assessment, flexible hours, discussions about return) would only be relevant once a GP-certified return to work date had been identified, which never occurred. The adjustments could not remove the disadvantage of long-term absence itself.

The tribunal accepted that the claimant's grievance dated 8 November 2023 was a protected act. However, the tribunal concluded on the balance of probabilities that the actual reason for dismissal was the medical evidence that the claimant had become prone to anger outbursts with a recognised risk of harm to others, coupled with the GP's inability to say when he would be fit to return, not because he had raised a grievance. The Respondent appointed an independent investigator and the Thursfields were genuinely trying to help the claimant.