Forensic nurse dismissed for inability to kneel for CPR: employer acted reasonably

When a physical limitation becomes a capability issue

This case highlights the difficult balance between an employee's physical limitations and the essential requirements of a safety-critical role. The claimant, a forensic custody healthcare professional, had undergone bilateral knee replacements and could not kneel to perform CPR on the floor. Despite passing a CPR course on a waist-height dummy, the employer's occupational health advisor concluded that performing CPR on the floor was unsafe. The employer dismissed her on capability grounds.

What the employer did right

The tribunal found that the employer acted reasonably throughout. It obtained occupational health advice, conducted a risk assessment, held an investigatory meeting and a capability hearing, and genuinely believed the claimant could not safely perform CPR. The claimant suggested she could delegate chest compressions, but the employer considered that this was not a reasonable adjustment for a lone worker in a custody suite. The tribunal noted that the employer had explored alternatives but none were viable.

Why the claim failed

The claimant argued that the employer should have accepted her offer to demonstrate CPR with a cushion or to delegate. However, the tribunal accepted that the employer's decision was within the range of reasonable responses. The key factor was the occupational health advice that she could not safely perform CPR, and the employer's genuine belief that this was a core function of her role. The tribunal also noted that the claimant had only two years' service, which meant the employer was not expected to go to extraordinary lengths to accommodate her.

What this means for similar claims

For employees with physical limitations, this case underscores the importance of engaging with occupational health and suggesting practical adjustments early. For employers, it confirms that a thorough process, supported by expert medical advice, can justify a capability dismissal even when the employee is willing and able to perform the role in a modified way. The decision also reinforces that the 'range of reasonable responses' test gives employers a degree of latitude in safety-critical roles.