5 Essex Court


2 May 18 Back to Listing

Dan Hobbs successfully represents doctor in EAT

Dan Hobbs succeeds in the Employment Appeal Tribunal despite the Notice of Appeal initially being rejected (during the ‘sift’ process) as having no reasonable prospects of success.

The appellant (Doctor A) was dismissed for incapability following long term medical absence lasting over 1 year. He won his unfair dismissal claim in the employment tribunal on the basis that his employer had failed to consider a return to work on a part time basis (after it became clear that full time working was not possible). However, Doctor A lost his discrimination ‘arising’ claim (under section 15 of the Equality Act 2010) as the employment tribunal concluded his dismissal had been ‘justified’ by the employer’s aim of preserving “best patient care”.

The EAT accepted submissions made on behalf of Doctor A that the employment tribunal had erred in law in failing to consider the issue of part time working when conducting the necessary balancing exercise required by section 15. In particular, the employment tribunal ought to have considered whether any lesser form of treatment (i.e. less draconian than dismissal) would nevertheless have served the employer’s aim of preserving “best patient care”.

The case will be reported on the EAT website in due course under case number UKEAT/0029/18/JOJ