Claimant v Dignity Funerals Limited

The tribunal found the respondent failed in its duty to make reasonable adjustments. The claimant requested not to work on-call and no heavy lifting, which were temporary adjustments to allow her to rebuild strength after cancer treatment. The respondent was fixated on requiring an 'end date' which was not reasonable given the nature of her disability. The adjustments were practicable—the Branch had functioned without her for two years during treatment, and another Branch accommodated similar adjustments for an employee undergoing chemotherapy. The respondent dismissed her without offering even a temporary period with adjustments.

The claimant's dismissal was unfavourable treatment arising in consequence of her disability—specifically her inability to lift heavy objects and work on-call due to cancer and its treatment. The respondent could not establish objective justification. The tribunal applied Dominique and Griffiths: where there is a failure to make reasonable adjustments, it is difficult to justify dismissal. The respondent failed to show dismissal was a proportionate means of achieving a legitimate aim, particularly as no reasonable adjustments had been made.

The tribunal accepted capability was the reason for dismissal but found the dismissal substantively and procedurally unfair. The investigation was flawed—no manual handling assessment was carried out, and no exploration of how long the Branch could tolerate the adjustments. The respondent's insistence on an 'end date' was tantamount to requiring the claimant to waive her right to reasonable adjustments. Mr Boyle conceded he would have accepted adjustments for 12 months and considered 2 years. A reasonable employer would have waited longer and given the claimant a chance. The dismissal was outside the band of reasonable responses.