A MAN sacked after almost 17 years working for the John Radcliffe's hospital trust was not let go because he was disabled, an employment tribunal has found.

Judge Vowles, who presided over the unfair dismissal and discrimination hearing held in Reading last month, criticised ‘extensive delays’ in Oxford University Hospital NHS Foundation Trust (OUH) dealing with Mathew Edwards’ case.

He found, however, while they were caused by ‘incompetence and misunderstandings’ they were not deliberate and did not cause the former senior procurement manager any financial loss.

Mr Edwards, who worked at the trust between 2000 and 2017, suffers from type 1 diabetes and epilepsy.

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His health deteriorated in June 2013 when he was hospitalised and further diagnosed with arthritis, mini-strokes and problems with his eyesight.

He was off work on sick leave until February 2015, returning on a trial basis before going back on sick leave in July 2015 until his dismissal in June 2017.

Mr Edwards was on full pay while off work, except for a period between August 2014 and April 2015 when he was on half pay, despite the trust only being legally required to pay the full rate for the first six months.

During his return to work, it was noted he was on a 'substantially reduced' workload but still struggled.

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Judge Vowles in his written ruling found there had been a delay in getting additional equipment to help Mr Edwards on his return to work but even with these measures there was evidence he was unable to perform his role. A note from a review meeting, attended by Mr Edwards, at the end of his trial by occupational health physician Dr Evie Kemp said: “All agreed not fit for return to own job in long run."

But from December 2015 until October 2016 the judge said there was an 'extensive, but largely unexplained' delay in things moving forward.

Mr Edwards' line manager Gary Welch explained in written evidence it was caused be a variety of reasons including his heavy workload and there being 'lots of changes in the HR department' with no HR lead on the case.

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The judge's findings also noted there was confusion over whether Mr Edwards' was planning to resign after he was approved for ill health retirement, despite a letter from him indicating he was not.

After a meeting was held in October 2016, further delays were caused by Mr Edwards' not giving permission for his Occupational Health Assessment to be disclosed to the trust.

In his conclusion Judge Vowles dismissed the complaint, stating: "It was not just a perception of Mr Welch that the Claimant could not achieve the required standards of performance that arose in consequence of his disability, but also the fact he could not do so, based upon the outcome of the phased return to work and the medical evidence to that effect."