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RM Condor labourer loses unfair dismissal case

Mr Elliot's employment at RM Condor was terminated in April, 2013.
Mr Elliot's employment at RM Condor was terminated in April, 2013.

A labourer at RM Condor whose contract was terminated because of ill-health after he suffered a stroke has lost his case for unfair dismissal.

Michael Elliot of Cairnie Loan, Arbroath, believed he had managed all aspects of his job at the base for three years.

An employment tribunal chaired by Ms M Robinson found that Mr Elliot’s employers, Aramark Ltd, had reasonable grounds to maintain the belief that he was unfit for his duties due to health reasons.

The company were also correct in their conclusion that there were no reasonable adjustments to his duties that could be made to avoid dismissal.

Mr Elliot was one of four labourers at the marine base, and towards the end of 2010 he indicated he was no longer prepared to drive a van on site.

He had suffered a stroke and did not think it was safe for him to be behind the wheel. He was relieved of driving duties and heavier manual work.

At the end of 2012, his superior, Vince Jones, was told Mr Elliot was in the labourers’ hut when he should be working, and when Mr Jones investigated he found him to be asleep.

There was also an episode when the four labourers were asked to set out tables for an important function in the base, but Mr Elliot did not turn up.

A disciplinary meeting followed, and Mr Elliot said he had suffered memory loss because of his stroke and that was the reason for him not recalling instructions.

The company thought his job across a 6,000-acre military site was too demanding for someone with his disabilities and limitations, and he was sent for a medical examination.

The test concluded that there were no adjustments that could enable him to work more effectively and that he wouldn’t be fit for his duties for the foreseeable future.

In April last year his employment was terminated on grounds of there being no prospect of him being fit for work and a permanent replacement for him needed to be found.

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