Balcetis v Ulsterbus Ltd & Translink [2021]

The claimant was diagnosed with kidney cancer and was subsequently off on sick leave for a long period.   He regularly attended occupational health appointments and in October 2015 he raised issues with working with chemicals.  Occupational health made contact with the claimant’s consultant who stated there were no chemicals in the workplace that meant the claimant’s duties had to be restricted.   He was given various redeployment opportunities, but never availed of them.  As a result of the refusal to return to work, the claimant was dismissed from his employment.  He brought a claim based upon unfair dismissal and disability discrimination, but this was