M Group Energy Metering Ltd

Case Summary

Mr Olasehinde, a meter reader employed since 2009 (transferring via TUPE), was dismissed on grounds of capability due to long-term ill-health relating to hip problems. He claimed unfair dismissal, direct race discrimination, and disability discrimination. The Tribunal dismissed all claims, finding the dismissal fair, the capability process properly followed, reasonable adjustments considered, and no evidence of race discrimination.

The Tribunal found the Respondent's dismissal decision was based on genuine capability concerns due to long-term ill-health with no realistic prospect of return to work. The capability procedure followed was fair, within the band of reasonable responses, properly considered medical evidence, and gave the Claimant opportunity to appeal. There was no evidence of bias or race discrimination, and reasonable adjustments had been appropriately considered and documented.

• •Whether dismissal was unfair due to alleged biased and improper capability process
• •Direct race discrimination claim
• •Failure to make reasonable adjustments for disability
• •Disability-arising discrimination
• •Whether decision-making process was independent and unbiased
• •Whether sufficient time was given for condition to improve
• •Reasonableness of capability procedure followed

1 EMPLOYMENT TRIBUNALS Claimant: Mr O. Olasehinde Respondent: M Group Energy Metering Limited Heard at: East London Hearing Centre On: 20-24 and 27-28 January 2026 (Days 2-4 in person, otherwise by CVP) Before: Employment Judge D Massarella Representation For the Claimant: In person For the Respondent: Mr S. Davis (litigation specialist) JUDGMENT The judgment of the Tribunal is that: - 1. the claim of direct race discrimination is dismissed on withdrawal; 2. the claim of failure to make reasonable adjustments is not well founded and is dismissed; 3. the claim of disability-arising discrimination is not well-founded and is dismissed; 4. the claim of unfair dismissal is not well-founded and is dismissed. 2 REASONS 1. Judgment and reasons were given orally on the last day of the hearing. The Claimant asked for written reasons on the day; they are provided below. Procedural history 2. The Claimant, Mr Olamide Olasehinde, presented his claim form on 20 February 2024 following an ACAS early conciliation period between 27 December 2023 and 22 January 2024. He had been employed as a meter reader since 2009, transferring to the Respondent by successive TUPE transfers, with his employment ending by dismissal in December 2023. 3. In his ET1 he alleged that his dismissal was unfair because it followed what he described as a biased and improper capability process. There were also claims of race and disability discrimination. 4. The Respondent denied all claims. It asserted that the Claimant was dismissed for capability (long-term ill-health); that the capability process had been correctly followed; that reasonable adjustments had been considered; and that the dismissal was fair and within the range of reasonable responses. It denied that race played any part in its actions. 5. There was a Preliminary Hearing on 5 August 2024 before EJ Howden Evans. The Claima…