The claimant, acting in person at the time, brought a claim that she had been dismissed because of ill health absence that resulted from her disability and could have been avoided by transferring her to an alternative role. The claimant was represented at a preliminary hearing for case management and the final hearing. The parties agreed a list of issues that was convoluted and, in some respects, simply did not work. The claim was dismissed.
The claimant’s appeal was permitted to proceed, limited to the contention that she should have been transferred to a specific alternative role. The tribunal could not properly be criticised for determining the case on the basis of the agreed list of issues. In any event, the tribunal had made factual findings that the role was not suitable for the claimant. Even if the issues had been better set out, the contentions that transferring her to the alternative role would have been a reasonable adjustment, and that the failure to do so prevented her dismissal being justified, would not have been made out.
[2021] UKEAT 2019-000962
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.667959
