West Hertfordshire Teaching Hospitals NHS Trust

1 EMPLOYMENT TRIBUNALS Claimant: Mr C Irish Respondent: West Hertfordshire Teaching Hospitals NHS Trust Heard at: Watford Employment Tribunal On: 24 to 28 November 2025 Before: Employment Judge Dick Mr D Bean Mrs J Hancock Representation Claimant: Mr Errol John (lay representative) Respondent: Mr G Deane (counsel) JUDGMENT The following is the unanimous decision of the Tribunal: 1. The complaint of unfair dismissal was presented in time but is not well founded. The claimant was not unfairly dismissed. 2. The claimant was disabled within the meaning of the Equality Act 2010 from 25 August 2022. 3. The complaint of direct disability discrimination is not well founded and is dismissed. 4. The complaint of discrimination arising from disability is not well founded and is dismissed. 5. The complaint of failing to make reasonable adjustments for disability is not well founded and is dismissed. 6. The complaint relating to holiday pay is dismissed upon withdrawal. 2 REASONS The judgment and reasons in this case were given orally at the conclusion of the hearing. The claimant requested written reasons, and so the following are provided under rule 60(4). Introduction, Issues and Procedure 1. The claimant started work for the respondent in 2019. Following an injury he sustained in an accident at work, he was on sick leave from 22 October 2021 until his dismissal in November 2022. The precise date of the dismissal, which had a bearing on whether the claimant’s claim for unfair dismissal was in time, was disputed between the parties. The respondent’s case was that the claimant was dismissed, fairly, because he was not capable of doing his job. (The incapability here was in the sense of him being long-term absent; there was never any suggestion that the claimant was bad at his job.) The claimant’s ca...