Tag
#phased-return
11 cases tagged Phased Return.
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.
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.
Personal banker's constructive dismissal claim fails after three-day stint at new branch
An employment tribunal has dismissed a personal banker's claims of constructive unfair dismissal and disability discrimination against Santander UK Plc, finding that the final straw she relied on was innocuous and that earlier alleged breaches were not linked to her resignation.
Spray polisher unfairly dismissed after hip replacements: employer refused phased return
A spray polisher with five years' service was unfairly dismissed after his employer refused his proposed phased return following bilateral hip replacements. The tribunal awarded £4,250 but rejected disability discrimination claims.
Dismissed hours after requesting reasonable adjustments: a stark warning for employers
A sales assistant with 9 years' service was dismissed on the spot after asking for a chair and reduced hours due to a cycling injury. The tribunal awarded £47,886 for unfair dismissal and disability discrimination.
Dismissed after refusing redeployment: a capability decision that passed the fairness test
A Housing Solutions Assistant with PTSD was fairly dismissed after a lengthy sickness absence when he refused all redeployment options, the tribunal has ruled.
Cleaner with 14 years' service dismissed after phased return failed: capability dismissal upheld
A tribunal has upheld the dismissal of a cleaner with 14 years' service who could not cope with reduced duties due to osteoarthritis. The employer was found to have acted reasonably in dismissing for capability after a phased return failed.
Heart attack return: driving restriction ignored led to constructive dismissal
An area contract manager who returned to work after a heart attack was constructively dismissed after her employer ignored a 4-hour driving limit and left her 'at risk' for months. The tribunal awarded over £101,000.
Dismissed after months of sickness absence: capability decision upheld by tribunal
A store manager with 15 years' service was dismissed for inability to sustain reliable attendance due to depression. The tribunal found the dismissal fair and not discriminatory, despite his disability.
Prison officer with depression denied permanent move away from wings: reasonable adjustments claim fails
A prison officer with 15 years' service who was refused a permanent relocation away from the wings after an assault has lost his claim for failure to make reasonable adjustments. The tribunal found that the employer's offer of a phased return and temporary amended duties was reasonable.
Depression and anxiety: when a mental impairment counts as a disability
A customer care specialist with depression and anxiety was found to be disabled under the Equality Act, overturning an earlier tribunal decision that her condition was not long-term.