Reasonableness of dismissal

Case 3: The facts

Thomas Connelly was dismissed following a road traffic accident in which he seriously and permanently damaged his hip, leaving him unable to do heavy manual work. The issue was whether he was required to do heavy manual work and lifting as part of his job.

A tribunal found that Connelly had been unfairly dismissed, as his job did not involve that type of work.

The ruling

The Employment Appeal Tribunal overturned the tribunal's decision and held that the dismissal was fair. The tribunal had placed too much emphasis on the job description, which did not say that Connelly was required to do heaving manual work or lifting. It pointed out that a person's job is not just as set out in the job description, but also evolves through conduct.

The tribunal had also wrongly concluded that the doctor's report must have been based on information provided by the employer, as there was no basis for this conclusion.

Scottish Shellfish Marketing Group Ltd v Connelly EATS/0082/05