Collection driver dismissed after hernia: employer's capability decision upheld

What this case shows in practice

This case illustrates how an employer can fairly dismiss an employee on capability grounds when long-term sickness prevents them from doing their job, even if the employee has a medical condition. The claimant, a collection and delivery driver with three years' service, had an umbilical hernia and divarication of the recti. After a period of sickness absence, he told his employer he could not perform his driving role. DPD made temporary adjustments, such as manual sorting of parcels, but these were not sustainable. The tribunal accepted that the employer acted reasonably in dismissing him.

What the losing side could have done differently

The claimant represented himself and argued that his dismissal was unfair. However, the tribunal noted that he had not provided updated medical evidence to challenge the occupational health report, which was six months old at the time of dismissal. If he had obtained a recent report showing he could return to work with adjustments, the outcome might have been different. Additionally, the claimant had previously been found not disabled under the Equality Act, which limited his ability to bring discrimination claims.

Why the result matters for similar claims

This case reinforces that employers do not have to keep making temporary adjustments indefinitely. The key question is whether the employer acted reasonably in the circumstances. For employees with long-term health issues, it is crucial to engage with occupational health and provide up-to-date medical evidence. The tribunal also highlighted that a previous decision on disability status can bar future discrimination claims on the same condition, so employees should ensure they challenge such decisions early.