Meter reader with 10 years' service dismissed for capability after refusing occupational health
A meter reader who refused to consent to an occupational health referral for months was fairly dismissed on capability grounds, the tribunal has ruled.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #occupational-health
- #refusal-to-consent
- #tupe-transfer
- #osteoarthritis
Key facts
- The claimant was employed as a meter reader from 2011, transferring to the respondent via TUPE on 1 September 2020.
- The claimant had osteoarthritis in both hips, fingers, and toes, and had adjustments at EON including reduced walking and driving.
- The claimant was absent from work from September 2020 due to osteoarthritis and provided fit notes.
- The claimant initially refused to consent to an occupational health referral, delaying the process until June 2021.
- The occupational health report recommended a phased return and adjustments like wide shoes and a strap, but the claimant declined.
- The respondent dismissed the claimant on 23 July 2021 on capability grounds due to long-term sickness absence.
Timeline
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Employment started
Claimant began employment as a meter reader with EON.
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Meet and Greet day
Claimant attended a meet and greet with the respondent prior to TUPE transfer.
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TUPE transfer
Claimant transferred to Morrison Data Services Ltd under TUPE.
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Telephone consultation
Claimant raised health concerns and requested adjustments; respondent agreed to consider occupational health.
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Occupational health referral
Respondent made a referral to occupational health, but claimant initially refused consent.
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Claimant refused consent
Claimant told line manager he would not consent to a new occupational health assessment.
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Welfare call
Claimant, represented by union, again asked to consent to occupational health; he agreed to think about it.
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Consent given
Claimant signed consent form for occupational health referral.
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Occupational health report
Report recommended phased return and adjustments; claimant disagreed with report.
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Capability meeting
Meeting to discuss absence; claimant declined phased return and part-time work.
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Dismissal
Respondent dismissed claimant on capability grounds due to long-term sickness absence.
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Appeal hearing
Appeal heard by Mr Webb; claimant represented by union.
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Appeal dismissed
Appeal not upheld; dismissal confirmed.
The legal issue
The tribunal had to decide whether the claimant was disabled under the Equality Act 2010, whether the respondent failed to make reasonable adjustments, and whether the dismissal for capability was fair.
The outcome
The tribunal dismissed all claims. It held that the claimant was not disabled within the meaning of the Equality Act 2010, and even if he were, the respondent had not failed to make reasonable adjustments. The dismissal for capability was found to be fair.
- The claimant was not unfairly dismissed.
- The claimant was not disabled.
- No compensation awarded.
Lessons & takeaways
- Cooperating with occupational health referrals is crucial — delaying consent can undermine a claim that the employer failed to consider adjustments.
- Employers can fairly dismiss for capability if an employee refuses reasonable adjustments and remains unfit for work over a prolonged period.
- A history of adjustments with a previous employer does not automatically transfer to a new employer under TUPE; the new employer must assess current needs.
- Tribunals will consider the employer's size and resources when assessing what adjustments are reasonable.
A case about cooperation and capability
This case shows how a long-serving employee's refusal to engage with occupational health can ultimately justify a fair dismissal. The meter reader, who had worked for the same company since 2011 before transferring to Morrison Data Services under TUPE, suffered from osteoarthritis in his hips, fingers, and toes. He had adjustments at his previous employer, but after the transfer he went on sick leave and initially refused to consent to a new occupational health assessment.
What the employer did right
Morrison Data Services made several attempts to refer the claimant to occupational health, but he withheld consent for months. When he eventually agreed, the report recommended a phased return and adjustments such as wide shoes and a strap. The claimant declined these and also turned down part-time work. The employer then held a capability meeting and dismissed him. The tribunal found this process fell within the range of reasonable responses, particularly given the claimant's lack of cooperation and the limited scope for alternative roles in the business.
Why this matters
The case highlights that employees who are absent long-term due to illness should engage with their employer's efforts to obtain medical advice. Refusing consent can be seen as a failure to cooperate, which weakens any later claim that the employer did not make reasonable adjustments. It also confirms that a TUPE transfer does not guarantee that previous adjustments will continue unchanged — the new employer is entitled to assess the employee's needs afresh.
For employees considering a capability dismissal claim, this case is a reminder that the tribunal will look at the whole picture, including the employee's own conduct. Where an employer has acted reasonably in seeking medical evidence and offering adjustments, a dismissal may be fair even if the employee has a long service record.
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