Warner v Armfield Retail and Leisure [2013] UKEAT 0376_12_0810

The appellant initially made a claim of Unfair Dismissal, disability discrimination and breach of contract. The appellant believed that the respondent should have made reasonable adjustments to help him return to work. The appellant then appealed against an employment tribunal’s decision that his contract of employment had been frustrated by his disability.

The appellant had worked for the respondent for six years when he suffered a severe stroke which left him unable to walk. The appellant received discretionary sick pay from the respondent for five months, and then in January 2011 the respondent sent him a letter terminating his employment. A medical report had stated that the appellant’s