Milrine v DHL Services Ltd – How a Winning Case Can Become an Unfair Dismissal – and Why Following the Correct Procedures Matters
How a Winning Case Can Become an Unfair Dismissal – and Why Following the Correct Procedures Matters
The employee was a long‑serving HGV driver who had been off sick for over two years with depression, vertigo, and later migraines and headaches.
He lost his HGV licence after self‑reporting to the DVLA.
Occupational health was clear: no realistic prospect of returning to driving for at least a year, and no alternative role he could do. Even the employee himself accepted he could not safely return despite wanting to.
He was dismissed for medical incapability.
He appealed, and no appeal hearing occurred.
The Tribunal said the dismissal was still fair because it fell within the range of reasonable responses.
The EAT disagreed. It held that fairness includes the appeal stage, and this one was so defective it undermined the entire process. The result: unfair dismissal.
Lessons for HR
An appeal isn’t a formality; it is part of the fairness test.
Get the process wrong, and even a strong dismissal can unravel.
