Medical evidence

Case 6: The facts

Mr Toms suffered from a back condition that amounted to a disability. His employer made adjustments to his job to allow him to continue work. However, following an accident at work, the employer obtained medical evidence which said there were no adjustments that would allow Toms to continue working. The adjustments were withdrawn and he was dismissed.

The ruling

The Employment Appeal Tribunal held that, even though there was a dispute over the accuracy of some of the medical evidence, the employer's decision to dismiss Toms was not based on an "inadequate or improper investigation". The employer had treated Toms less favourably by dismissing him, but had justified the dismissal which was therefore fair.

K F Bartlett v Toms UKEAT/0131/04