This is another disability discrimination case, again concerning dismissal. The complainant worked for the respondent as a canteen worker from March 2000 until June 2009. She had a hip operation after a fall in July 2007, was off work until October 2007 and returned to work initially on a part-time basis before returning to full time hours in February 2008. She went back on disability-related sick leave in February 2009.

In terms of the assessment of her work capability, the Tribunal concluded that the company had followed the correct procedures. She had two medical assessments by the company’s occupational health specialists, the second on 12 May 2009, and one by her doctor. The specialist’s report concluded that the complainant