Claimant v Caledonian MacBrayne Crewing (Guernsey) Ltd

The tribunal found the dismissal procedurally and substantively unfair. The respondent relied on an ENG1 certificate but failed to obtain proper medical advice about the claimant's condition and prognosis before dismissing him, particularly given improving health and successful work on another vessel. No reasonable employer would have dismissed without first obtaining occupational health advice in January 2023, especially when previous OH reports indicated probable improvement. The dismissal was also premature given the claimant's improving condition and enthusiasm to return.

The claimant was dismissed because of the restrictions on his ENG1 certificate and his inability to have them lifted, which arose in consequence of his disability (bursitis). The tribunal found this unfavourable treatment was not justified as a proportionate means of achieving the legitimate aim of maintaining a capable workforce. A less harsh alternative would have been to retain the claimant in employment given his improving health, the fact he would be on nil pay if absent, and the likelihood restrictions would be removed (which in fact occurred by July 2023).

The claim based on a PCP of requiring the claimant to remain in a seafaring role was withdrawn during the hearing. A separate claim about not allowing a phased return was previously dismissed by a preliminary hearing as pre-dating the point of disability, and the claimant's attempt to revive it after all evidence was heard was rejected as unfair to the respondent and a departure from the agreed list of issues.