DHL Services Ltd

Judgement approved by the Court for handing down Milrine v DHL Services Limited © EAT 2025 Page 1 [2026] EAT 31 Neutral Citation Number: [2026] EAT 31 Case No: EA-2023-SCO-000080-JP EMPLOYMENT APPEAL TRIBUNAL 52 Melville Street Edinburgh EH3 7HF Date: 13 February 2026 Before : JUDGE BARRY CLARKE MR STEVEN TORRENCE MRS MARGOT MCARTHUR ChFCIPD - - - - - - - - - - - - - - - - - - - - - Between : MR ERNEST MILRINE Appellant - and – DHL SERVICES LIMITED Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Joseph Bryce (instructed by McGrade & Co.) for the Appellant Mr Paul Sangha (instructed by DAC Beachcroft Claims Ltd.) for the Respondent Hearing date: 2 October 2025 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgement approved by the Court for handing down Milrine v DHL Services Limited © EAT 2025 Page 2 [2026] EAT 31 SUMMARY Unfair dismissal The respondent dismissed the claimant for medical incapability after more than two years’ absence caused by various conditions including vertigo and vestibular migraines. The internal appeal against dismissal, intended to be a rehearing, was strikingly flawed. The nominated appeal manager declined to hear the appeal. His replacement did not attend the rescheduled hearing, leaving the claimant and his union representative waiting on site. The HR business partner then placed the onus on the claimant to choose the appeal manager and propose dates, without confirming this to him in writing. When the claimant commenced Acas early conciliation – believing it to prevent continuation of his internal appeal – the respondent did not clarify matters or check his intentions. The internal appeal never took place. The Employment Tribunal dismissed the claimant’s complaint of unfair dismissal. It criticised the procedural failings at the appeal stage yet held the dismissal fair...