Claimant v Scottish Ambulance Service

The tribunal found that the respondent did not apply a PCP that placed the claimant at substantial disadvantage. The claimant was given a clear indication he would receive a further significant extension beyond December 2022 to complete his portfolio. By November 2022, he had effectively been provided with a single CAVA assessor with a SMART plan which addressed his concerns. The tribunal also found this claim would be time-barred, as the relevant decision occurred on 24 November 2022 but the claim was not lodged until a year later, and the claimant's mental health issues did not explain this delay.

The tribunal found the claimant was dismissed because he had not completed and was unwilling to complete his training portfolio, something arising in consequence of his disability (anxiety and depression). However, the dismissal was objectively justified as a proportionate means of achieving the legitimate aim of ensuring ambulance technicians are clinically competent. The claimant had been given adjustments, support, and additional time. Occupational health confirmed he was fit to complete the portfolio and there were no further reasonable adjustments that would have enabled completion.

The tribunal found the reason for dismissal was some other substantial reason (failure to complete the mandatory training portfolio upon which employment was conditional). The respondent carried out a reasonable investigation, the claimant was given opportunity to respond at a failing student meeting chaired by the Deputy Director, and occupational health confirmed he was fit to complete the portfolio. Although some employers might have considered redeployment given OH comments, it was within the range of reasonable responses not to do so given the claimant was certified fit, redeployment was not mandatory, and the claimant did not raise alternative employment at the meeting. The dismissal was procedurally and substantively fair.