Ryan-Jayberg Ltd

Case Summary

Mr David Caplen claimed unfair dismissal and discrimination on grounds of age and disability against his former employer Ryan-Jayberg Ltd. The claimant refused to work at NHS sites from September 2021 and subsequently did not return to work, eventually being dismissed. The tribunal found all claims not well founded and dismissed them.

The tribunal concluded that the respondent undertook a reasonable investigation, held numerous welfare meetings, commissioned occupational health assessments, and followed proper procedures including offering the claimant an opportunity to attend a final meeting with the right of accompaniment. The dismissal was found to be within the range of reasonable responses because the claimant was unwilling to return to work without preconditions (admission of wrongdoing, legal settlement) and there was no reasonable end in sight for his return. The age and disability discrimination claims failed because the provision, criterion or practice of requiring work at various sites was a proportionate means of achieving legitimate aims, and the claimant was not attending any sites at the time of dismissal.

• •Whether the claimant was unfairly dismissed
• •Whether the claimant suffered age discrimination
• •Whether the claimant suffered disability discrimination arising from his disability
• •Whether the respondent applied a provision, criterion or practice that indirectly discriminated on age grounds
• •Whether the respondent failed to make reasonable adjustments for the claimant's disability

Case No: 2303780/2024 EMPLOYMENT TRIBUNALS Claimant: Mr David Caplen Respondent: Ryan-Jayberg Ltd Heard at: London South Croydon in public, hybrid hearing On: 1-4 December 2025, in the afternoon of 4 December and on 5 December in chambers Before: Employment Judge Tsamados (by CVP) Sitting with Non-Legal Members: Ms E Whitlam (in person) Mr R Singh (by CVP) Representation Claimant: Mr J Caplen, the Claimant’s son (by CVP) Respondent: Mr B Frew, Counsel (by CVP) RESERVED JUDGMENT The unanimous judgment of the Employment Tribunal is as follows: The complaints of disability discrimination, age discrimination and unfair dismissal are not well founded. The claim is dismissed. REASONS Background 1. The Claimant presented a claim form to the Employment Tribunal on 24 April 2024 following a period of ACAS Early Conciliation between 11 March and 16 April 2024. His claim raises complaints of unfair dismissal, age and disability discrimination against the Respondent, his ex-employer. In a response Case No: 2303780/2024 received by the Tribunal on 23 May 2024, the Respondent denied the claim in its entirety. 2. On 29 July 2024, notice of a Preliminary Hearing for Case Management, to take place on 28 April 2024, was sent to the parties. Under separate cover, the parties were also sent notice of this final hearing listed for 5 days and Suggested Case Management Orders. 3. The Preliminary Hearing was conducted by Employment Judge (“EJ”) Andrews at which the Suggested Case Management Orders were confirmed with slight variations. In addition, the Claimant was ordered to provide further particulars of his disability and supporting medical evidence, and the Respondent to write to the Claimant confirming whether or not it accepted that the Claimant had a disability. The EJ set out the various types of discrimination complaints that poten…