A Complainant v A Respondent [2020]

Posted In: Case Law
  • Decision Number
    ADJ-00021166
  • Legal Body
    Workplace Adjudicator Service
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Discrimination and Equality
Issues covered: Disability Related Dismissal

The Complainant, a general operative, was involved in a workplace accident in 2013 which necessitated his absence from work until he was declared fit to return to work, with limitations, by his own GP in June 2018. 

While the Complainant acknowledged there were duties in his role that he could no longer perform there were nonetheless duties in the yard which he had done previously which he could have performed and he could also have worked part time, performed cash duties or driven a forklift which he had done previously. On November 26th the Respondent dismissed the Complainant stating that there was no suitable vacancy and the Complainant’s post need to be carried out on a full-time

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This article is correct at 19/03/2020
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