Claimant v DHL International (UK) Limited
Outcome
Individual claims
The respondent dismissed the claimant for capability due to long-term sickness absence. However, the tribunal found that dismissal was outside the range of reasonable responses because the respondent failed to obtain up-to-date medical evidence, failed to adequately consult with the claimant about his anxiety disability, and did not follow a fair procedure. The respondent relied on a 20-month-old occupational health report despite increasing absences and failed to explore reasonable adjustments properly.
The respondent knew from 8 February 2021 that the claimant had an anxiety disability. The PCP of requiring couriers to do both collections and deliveries put the claimant at substantial disadvantage as collections caused greater anxiety due to uncertainty about customer availability and more customer interaction. A reasonable employer would have consulted with the claimant and adjusted his duties to deliveries only from 23 April 2021 when he returned to work, but the respondent failed to do so.
Facts
The claimant worked as a part-time courier for DHL from October 2015 to November 2022, with seven years' service. He suffered from anxiety, which the respondent knew constituted a disability from February 2021 via an occupational health report. The claimant's sickness absences increased significantly during 2021-2022, exceeding the respondent's 3% trigger level. The respondent invited him to six capability meetings between September and November 2022, none of which he attended. He was dismissed on 8 November 2022 for capability due to long-term ill health. His appeal was unsuccessful.
Decision
The tribunal found the dismissal unfair because the respondent failed to obtain up-to-date medical evidence (relying on a 20-month-old report), failed to adequately consult with the claimant about his disability, and did not follow a fair procedure. The tribunal also found the respondent failed to make reasonable adjustments by not limiting the claimant to delivery-only duties, which would have reduced his anxiety caused by collections involving greater customer interaction and uncertainty on unfamiliar routes. A remedy hearing was listed for November 2024.
Practical note
Employers must obtain current medical evidence and properly consult disabled employees about reasonable adjustments even when the employee is off sick and failing to attend capability meetings, particularly when an occupational health report identifies a potential disability.
Legal authorities cited
Statutes
Case details
- Case number
- 2401671/2023
- Decision date
- 29 September 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Courier
- Service
- 7 years
Claimant representation
- Represented
- No