1. Mr J McAllister v Commissioners for her Majesty’s Revenue and Customs
1. Mr J McAllister v Commissioners for her Majesty’s Revenue and Customs (LINK)
In this case, the Employment Appeal Tribunal (“EAT”) upheld the decision of the Employment Tribunal (“ET”) that the dismissal of a disabled employee on long-term sickness absence did not constitute unfavourable treatment because of something arising in consequence of a disability under s.15 of the Equality Act 2010 (the “EqA”).
The Claimant suffered from anxiety and depression and during his employment would often be off work for long periods of time, although not always due to mental health reasons. Between 2016 and 2018, the Claimant was absent from work for 245 days on 23 occasions. The Respondent decided that his absence was having an adverse impact on the productivity and morale of staff. It also came to the conclusion that no more reasonable adjustments could be made to support his disability, and so he was dismissed in 2018. At the time of his dismissal, the Claimant had been absent for seven months and was unfit to return to work in any capacity.
As the Claimant had been dismissed for capability, he was entitled to receive a payment under the Civil Service Compensation Scheme. However, this payment was reduced (initially by 50%, but later adjusted to 20%) due to his conduct in failing to answer calls, returning relevant documentation on time, turning up late during phased return to work, and also displaying...
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