The Employment Appeal Tribunal (‘EAT’) in DB Schenker Rail Ltd v Doolan has reversed a finding of unfair dismissal on the basis of capability. It was held that the decision to dismiss is a managerial rather than a medical one and the employer may make its own assessment of the risk to an employee’s health of returning to work.
Mr Doolan was employed as a production manager and he had been absent from work due to work related stress and depression for several months. The employer requested an occupational health report and also made a referral to an occupational psychologist who was familiar with the employer’s business. The employer placed more weight on the psychologist’s report and dismissed the claimant on the grounds of capability.
Critical of the employer’s decision, the tribunal found Mr Doolan’s dismissal was unfair.
The Employment Appeal Tribunal said that tribunal had made an error by adopting its own view of what the employer should have done rather than considering whether the dismissal was a reasonable response of the employer. In other words, a reasonable employer was able to decide, from the evidence available, that Mr Doolan was not capable of returning to the post of Production manager.
Based on this test the EAT deemed the dismissal fair.
This decision is helpful in clarifying that an employer has a reasonable range of discretion when deciding on capability dismissals and is not tightly bound by medical opinion.
For more information on Capability Dismissals or Employment Tribunals please contact Rickerbys LLP Employment Partner Matthew Clayton:
Email: matthew.clayton@rickerbys.com
Direct Dial: 01242 246497
