Suresave Energy Services UK Ltd

Case Summary

The claimant, a Site Manager with kidney cancer, was dismissed on 31 January 2025 on ill health capability grounds after being absent from work since 19 February 2024. The tribunal dismissed all claims including unfair dismissal and disability discrimination, finding the dismissal fair as the respondent had no reasonable prospect of the claimant returning to work and the claimant failed to provide updated medical evidence of fitness to work or a defined return date.

The tribunal found that the dismissal was fair because the claimant had been absent from work since 19 February 2024 with no identified reasonable period for return to work, and he failed to obtain or provide updated medical certification of fitness to work or a defined return date despite opportunities to do so between dismissal on 31 January 2025 and the outcome letter on 5 February 2025. The respondent reasonably relied on occupational health reports showing no clear prognosis for return to work, and the claimant's assertion of future fitness (disclosed only at tribunal via a letter of 13 March 2025 never previously provided to the respondent) did not constitute evidence that he was fit to work at the time of dismissal.

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• •Whether dismissal was unfair for reason of capability
• •Whether claimant suffered discrimination arising from disability under section 15 Equality Act 2010
• •Whether respondent failed to make reasonable adjustments under section 20/21 Equality Act 2010
• •Whether proposed adjustments (phased return, working from home, suitable alternative role) should have been made
• •Whether claimant mitigated his loss

The full source document is available from the official publication page.