Claimant v South Lanarkshire Council

The respondent dismissed the claimant on capability grounds after she became ill due to being ordered to move to Kear Secondary School despite medical evidence showing that the move exacerbated her disability. The decision to dismiss fell outside the range of reasonable responses because no reasonable employer would have insisted on the move given its effect on the claimant's health, especially when the needs at Kear could have been met in other ways and the claimant's former post was filled by a temporary supply teacher. Furthermore, no reasonable employer would have dismissed without conducting a proper search for alternative employment.

The tribunal found that the respondent failed to make two reasonable adjustments: (1) allowing the claimant to continue or resume working at Clydesdale Support Base, and (2) offering alternative positions across the respondent's 18 secondary schools. Both adjustments would have alleviated the substantial disadvantage (increased stress, aggravated menopausal symptoms, absence, and dismissal). The tribunal found that the needs at Kear School could reasonably have been met in numerous other ways, given the respondent's large pool of English teachers and the temporary nature of the backfill at Clydesdale. A reasonable search for alternative employment during the peak recruitment period from Easter to August would likely have produced suitable alternatives for a highly regarded teacher with 31 years' service.

The respondent conceded that dismissal was unfavourable treatment caused by the claimant's absence, which arose from her disability. The sole issue was justification. The tribunal found dismissal was not a proportionate means of achieving the respondent's legitimate aims (ensuring attendance, delivering education, managing resources, applying policy fairly) because less detrimental measures would have achieved those aims equally effectively. Specifically, the respondent could have returned the claimant to Clydesdale Base and covered the Kear School need in other ways, or conducted a reasonable search for alternative employment before resorting to dismissal. The impact of dismissal on the claimant far outweighed the respondent's reasonable needs.