Cunningham v Marks & Spencer Plc [2021]

The claimant was employed as a customer assistant at the respondent’s Ballymena store.   She had been absent by reason of ill-health from 8th December 2017 until she was dismissed on the grounds of incapacity on 10th July 2020.  The claimant did not appeal the decision internally and she presented her claim on 31st December 2020. 

The claimant suffers from a neurological order which leads to frequent limb jerking movements.  The claimant was certified as being unfit for work in December 2017.  The claimant was also a carer for her mother who was designated as extremely clinically vulnerable for the purpose of the Covid-19 regulations and mitigations.