Disability dismissal

Case 8: The facts

Mr Wilson was dismissed after a serious accident at work, for which his employer had admitted liability and been prosecuted, led him to take a long period of sick leave. The occupational health doctor thought Wilson would be unable to return for at least a year, but said that the employer should obtain a report from Wilson's GP - which it failed to do.

A tribunal held that this made the dismissal unfair, and found that the employer had failed to make a reasonable adjustment by failing to allow its workforce headcount to be increased so that a replacement for Wilson could be provided while he was absent but still employed.

The ruling

Since Wilson had not complained to the tribunal about the "headcount rule", the Employment Appeal Tribunal (EAT) held that this part of the tribunal decision could not stand. But the tribunal had been entitled to find that his dismissal was unfair, on the basis that his employer had failed to obtain the further medical report as advised - it could not seek to rely on some parts of a medical report but not others, the EAT said.

Airbus UK Ltd v Wilson UKEAT/0061/06