https://employmentcasesupdate.co.uk/content/ireland-v-university-college-london-2024-eat-190.f8cc5cffeec943bc9a1fbbfb5f7ccdb4.htm

Hazel

The claimant, Mr Miller, was employed by Rentokil as a pest control technician, which was a physically demanding role and involved working at height using ladders. In March 2017, he was diagnosed with multiple sclerosis. Rentokil made various modifications to his working arrangements and to his terms and conditions, with the aim of mitigating the effects of his disability. By the end of 2018, however, Rentokil had concluded that it was not viable for Mr Miller to continue in his role as a pest controller. He was suspended on full pay while his employer explored the possibility of moving him to a new role. 

In February 2019, Mr Miller applied for the role of service administrator. He undertook a maths and verbal usage assessment, which was a requirement for all candidates applying for roles at Rentokil. Following an interview, the recruiting manager concluded that Mr Miller did not have the relevant skills or experience for the job, so his application was rejected. 

In March 2019, Mr Miller was dismissed on grounds of incapability. After an unsuccessful appeal against his dismissal, he brought claims in the employment tribunal for failure to make reasonable adjustments, discrimination arising from disability and unfair dismissal.