Here is a reminder to act reasonably in health dismissals.
Mr Jones, a manager, suffered a stroke. Prior to this, he worked long hours more than 60 hours per week and did not take his full holiday entitlement. His doctor advised that he should avoid stress at work in order to return to work, but did not say that he would never make a full recovery. His employer felt that no roles in the company were stress-free and so dismissed him on the grounds of incapacity, five months after his stroke.
Mr Jones brought a claim of disability discrimination and was awarded £390,870.58 the highest discrimination award made so far in Wales. The tribunal found the employer had failed to make reasonable adjustments. A total of 204 other employees had had more than six months’ absence and 64 employees more than 12 months. Jewson argued that, unlike the other employees where it was either not certain or was likely that they would return to work, Mr Jones was unable to return to his role.
In fact, Mr Jones did make a full recovery within 11 months of his stroke.