Quinn v Almac Pharma Services Ltd (Unfair Dismissal)

The decision of the tribunal is that the claimant was fairly dismissed by the respondent on ground of capability due to ill-health and his claim of unfair dismissal is therefore dismissed.

The respondent was represented by Mr Peter Bloch of the Engineering Employers' Federation.

The tribunal received a bundle of relevant documents that was supplemented in the course of the hearing and heard oral evidence from the claimant, Mr Philip Lightowler and Mr Michael Freeland all of whom provided witness statements on which they were cross-examined.

The claimant brought a claim of unfair dismissal arising from his termination of his employment with the respondent on 23 May 2017. The claimant's claim form focused on a kidney problem which he was hospitalised for which gave rise to his first attendance warning; the effect on his health of working a continental nightshift pattern; the refusal to move him to a different work pattern and the refusal to allow him to use holidays to cover sick leave whereas others were permitted to use his holidays to cover sick absence. The claimant sought reinstatement and compensation.

There was no real dispute on the relevant facts most of which appear in Mr Lightowler's witness statement which the claimant did not take issue with and we largely adopt.