The Claimant was employed as an operational firefighter. He suffered from musculoskeletal conditions and also suffered from stress. He had numerous absences from work. A capability process was commenced. During the course of that process the Claimant was referred for assessment by an Independent Qualified Medical Practitioner (‘IQMP’). The outcome of that assessment was that the Claimant was deemed unfit for his role, or any other role with the Respondent. He was assessed as qualifying for an Ill Health Pension at the Higher tier. The Claimant did not wish ill health retirement but his employment was nevertheless terminated ‘on grounds of capability due to ill health.’ The ET concluded that the dismissal had been fair, and was for ‘some other substantial reason’, specifically the assessment that the Claimant qualified for ill health retirement at the Higher tier. The ET made a number of findings in relation to the process followed by the Respondent that it concluded would have been unsatisfactory ‘had this been a Capability Process’ but were nevertheless not unfair on the basis that dismissal was ‘for some other substantial reason.’ The Claimant appealed.

The EAT allowed the appeal. The central question for determination in this case had two aspects to it – was the categorisation of the reason for dismissal in this case wrong, and if so, did that affect the ultimate conclusion that the dismissal of the Claimant was fair? In describing the fact of the Claimant being medically assessed as being entitled to retire on ill health grounds with an enhanced pension as the substantial ‘reason’ for his dismissal, the ET had fallen into error. That medical assessment took place in the context of a Capability Process which ultimately resulted in the Claimant’s employment being terminated on grounds of capability. Standing the conclusion in relation to the categorisation of the reason for dismissal, it followed that the ET had equally fallen into error in its approach to the question of the fairness or otherwise of the dismissal, since it had embarked upon that exercise from the wrong start point.