The Complainant was employed by the Respondent from January 1994 until May 2019. The Complainant’s employment was terminated by the Respondent because of the Complainant’s “medical incapability”. The Complainant went on certified sick leave in January 2018. While on certified sick leave, the Complainant complied with all requests to attend medical assessment appointments and continued to hand in his medical certificates.

On the 8th of April 2019 the Complainant received a letter from the Respondent which highlighted their concern of the Complainant’s position and that they would not be able to hold the Complainant’s position indefinitely. Subsequently, a meeting was arranged with the Complainant and the Respondent to discuss the proposed termination of employment on grounds of medical capacity.