Tag
#occupational-health
131 cases tagged Occupational Health.
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Showing the 20 most recent of 131 cases
Long-term sickness dismissal: employer's flawed process saved by fair appeal
A station support assistant lost his unfair dismissal claim after 20 months off work. The tribunal found the initial decision to dismiss was premature, but the appeal corrected the flaw.
Meter reader with 16 years' service unfairly dismissed for ill health capability
A meter reader who was dismissed while on long-term sick leave after a motorbike accident has won his unfair dismissal and disability discrimination claim. The tribunal found that Morrison Data Services Ltd failed to obtain an up-to-date occupational health report before deciding to dismiss.
Security officer dismissed after back injury: tribunal finds unfair dismissal and disability discrimination
A security officer with six years' service was unfairly dismissed after a back injury. The tribunal also found that CIS Security Ltd failed to make reasonable adjustments and discriminated against him arising from his disability.
Dismissed after 10-month absence: employer's reasonable adjustments were enough
An employment tribunal has upheld the dismissal of an assistant branch manager with 28 years' service who was absent for 10 months with anxiety. The employer had offered multiple adjustments but the claimant insisted on a customer ban.
Support worker dismissed after 6 months' sick leave: employer's decision upheld
A support worker with depression was dismissed after six months' sick leave. The tribunal upheld the dismissal, finding the council acted reasonably and proportionately.
Head of School with depression suffered disability discrimination over disciplinary delays
A tribunal found that a school trust failed to make reasonable adjustments for a head of school with depression and anxiety, by not providing timeframes for a disciplinary process or reviewing her suspension. Her constructive dismissal claim was rejected.
Dismissed during long-term sick leave: a capability decision that went too fast
A warehouse operative with 6.5 years' service was dismissed for capability after a year of sick leave for depression. The tribunal upheld the dismissal, finding the employer acted reasonably despite not waiting the 4-5 weeks suggested by occupational health.
Clinical Support Worker awarded statutory redundancy payment after 19 years' service
A tribunal awarded a statutory redundancy payment of £2,077.16 to a Clinical Support Worker with 19 years' service, finding that his refusal of an alternative role was not unreasonable.
Enquiry unit advisor dismissed for abusive messages: premeditated conduct justified dismissal
An enquiry unit advisor who sent threatening WhatsApp messages and emails to his line manager was fairly dismissed for gross misconduct. The tribunal rejected claims of disability discrimination.
Dismissed while on sick leave: employer ignored offer of imminent return
A tribunal found that EE Limited unfairly dismissed a broadband technical support worker with panic disorder after it refused to wait a week for her to return to work, and also discriminated against her because of her disability.
Dismissed for failing to engage during sickness absence: a case of non-cooperation
A Business Support Coordinator with two years' service was fairly dismissed after failing to engage with his employer's sickness absence process. The tribunal also awarded £1,771 for unauthorised wage deductions.
Security officer's constructive dismissal claim fails: minor pay errors and disciplinary process not a breach of trust
A security officer who resigned after a disciplinary process was started following a two-hour absence from her post has lost her constructive unfair dismissal claim. The tribunal found the employer's conduct, including minor pay issues and a request for an occupational health assessment, did not amount to a repudiatory breach of contract.
Procurement director's constructive dismissal claim over whistleblowing and disability fails
A procurement director who resigned after raising concerns about commission on expired contracts has lost her tribunal claims for constructive unfair dismissal, whistleblowing detriment and disability discrimination.
Train driver dismissed while medical evidence said he could return: a capability case that failed to consult
A London Underground train driver with five years' service was unfairly dismissed and discriminated against after being sacked for long-term sickness despite occupational health and a specialist both saying he could return with adjustments.
Teacher with dyslexia and hearing impairment dismissed after capability process: dismissal upheld
A tribunal has upheld the dismissal of a Welsh teacher with 17 years' service after a lengthy capability procedure, finding that the employer made reasonable adjustments and acted fairly.
Phased return not implemented: employer's failure to follow occupational health advice was disability discrimination
A former employee with a disability succeeded in a reasonable adjustments claim after Ocado failed to implement a phased return to work recommended by occupational health. The tribunal awarded £8,271.35, including £5,000 for injury to feelings.
Former employee with tendonitis, polyarthritis and cervicalgia found disabled under Equality Act
A tribunal ruled that a former Amazon employee with tendonitis, polyarthritis and cervicalgia was disabled under the Equality Act, despite the employer's occupational health reports suggesting otherwise.
Long COVID and probation dismissal: why the DVLA's decision was lawful
A Customer Support Officer with long COVID and diabetes was dismissed after 8 months' absence. The tribunal rejected his disability discrimination claims, finding the DVLA acted reasonably.
Faculty manager with 23 years' service unfairly dismissed after redundancy selection tainted by disability bias
A tribunal found that Canterbury Christ Church University unfairly dismissed a faculty manager and discriminated against her because of her disability when it decided she was not appointable to a new role due to her ill health. She was awarded £32,684.
18-year nursing assistant's unfair dismissal claim struck out for non-compliance
A tribunal struck out an unfair dismissal claim by a nursing assistant with 18 years' service after she failed to comply with orders, including providing a witness statement. No compensation was awarded.
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