Ms D Mihaylova v Western Isles Health Board

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104206/2023 Held in Stornoway on 5, 6, 7 and 8 February 2024 5 With members’ meeting on 1 March 2024 Employment Judge M Robison Tribunal Member L Brown Tribunal Member J McCaig 10 Ms D Mihaylova Claimant Represented by Mr C Adjei Barrister 15 Western Isles Health Board Respondent Represented by Mr K Gibson Advocate 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that the claims for disability discrimination and unfair dismissal are not well founded and are dismissed.

REASONS 25 1. The claimant lodged a claim in the Employment Tribunal for unfair dismissal and disability discrimination on 4 August 2023 following her dismissal. The respondent resists the claims, asserting that the claimant was dismissed for a potentially fair reason namely capability.

2. The claimant is a consultant psychiatrist who was dismissed following the 30 development of a condition and surgery, which subsequently meant that she could not do on-call at night as required by her contract. Although the respondent concedes that the claimant is a disabled person for the purposes of the Equality Act 2010, they did not accept that removing on- call from her duties was a reas...

3. At the outset of the hearing, Mr Adjei advised that there had been a narrowing of the issues for the claimant’s part and specifically she relies only on one adjustment which she asserts would have been reasonable. Accordingly the list of issues for determination, which had been agreed by 5 the parties, was adjusted, and the outstanding issues for determination are discussed in the course of ...