Maximus UK Services Ltd

Case Summary

The claimant was dismissed due to long-term sickness absence without a further Occupational Health report, which was unfair. The compensation is limited to a basic award and compensatory award for loss of statutory rights. Other discrimination complaints were dismissed.

The tribunal found the dismissal was unfair because the respondent failed to obtain a further Occupational Health report before dismissing the claimant for long-term sickness absence, but limited the compensatory award to reflect the claimant's own conduct and circumstances. The discrimination complaints were dismissed on their merits.

• •long-term sickness absence
• •further Occupational Health report
• •discrimination arising from disability

EMPLOYMENT TRIBUNALS Heard at: Croydon (by video) On: 26 November 2024 Claimant: Ms Jennifer Caswell Respondent: Maximus UK Services Limited Before: Employment Judge E Fowell Ms H Carter Ms G Mitchell Representation: Claimant James Boyd of counsel, instructed by JMW Solicitors LLP Respondent Nicholas Bidnell-Edwards of counsel, instructed by BDB Pitmans LLP JUDGMENT The unanimous decision of the Tribunal is as follows: 1. The claimant was dismissed on grounds of her long-term sickness absence but was assured at her final capability hearing that the respondent would obtain a further Occupational Health report before a final decision was made. This did not happen and so the dismissal was unfair. However, a further report could not have affected the ultimate outcome. 2. As the claimant had exhausted her entitlement to sick pay the award for compensation is confined to a basic award of £2,284 and a compensatory award for loss of statutory rights. 3. The complaint that her dismissal was an act of discrimination arising from her disability is upheld to the same extent. Other complaints of disability discrimination relating to the procedure followed are dismissed. 4. The claim of victimisation, which arose at the appeal stage, and also concerned procedural matters, is also dismissed. 5. The claimant did not suffer an unlawful deduction from wages. 6. The extent of compensation due will be assessed at a further hearing at 10 am on 17 February 2025. Employment Judge Fowell Date 26 November 2024 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published…