Stevenson v Iceland Foods Ltd [2021]

This was a rehearing from an EAT decision which we reviewed in July 2020.   The issue for the EAT in that hearing was the different rules that were applied relating to capability for long-term absence and disability discrimination.  Both parties had appealed with the claimant appealing the decision to dismiss the unfair dismissal refusal and the respondent appealing the decision to uphold a claim of disability discrimination.   This was based upon some contradictory findings that were originally made by the ET.

The factual background was that the claimant worked for the respondent as a till operator since 2012.   In 2016 she suffered a shoulder injury and