Bus Driver Sacked Whilst on Sick Leave Succeeds in Unfair Dismissal Claim

Dismissing a sick employee on medical grounds may be lawful and justified, but it is always something that is likely to attract close scrutiny by an Employment Tribunal (ET). In a case on point, a bus driver who was sacked whilst on sick leave, having suffered a stroke, succeeded in an unfair…

Apr 05, 2022

The driver was hospitalised for 13 days following his stroke and was on sick leave for over six months prior to his dismissal. The DVLA had revoked his Passenger Carrying Vehicle (PCV) licence and he had been told that he could not apply for a new one until 12 months after the date of his stroke. His dismissal letter stated that his employment was being terminated on medical grounds.

In upholding his complaint, an ET noted that, prior to his dismissal, he was making a good recovery. He was having no neurosensory difficulties and his sole remaining symptom was fatigue. Although his doctor had signed him off sick, a more recent occupational health report had stated that he was fit to return to work, albeit with some adjustments.

No account had been taken of the possibility of further significant improvement in his condition. The occupational health report indicated that his day-to-day activities were unrestricted and there was no evidence that it was impracticable to make any adjustments necessary to cater for his fatigue. Overall, the ET concluded that a reasonable employer would not have dismissed him on medical grounds and that the decision to do so fell outside the range of reasonable responses.

The ruling entitled him to a basic award reflecting his four years’ service. The ET concluded, however, that his compensatory award should be reduced by 70 per cent on the basis that the revocation of his PCV licence would have provided a potentially fair reason for his dismissal. It meant that, at least temporarily, he was not entitled to drive buses, the role for which he had been employed. If not agreed, the amount of his award would be assessed at a further hearing.

Pressurised Delivery Driver Succeeds in Disability Discrimination Claim

The pressure under which the UK’s legion of delivery drivers work is well known. As an Employment Tribunal (ET) ruling showed, however, workers’ disabilities must never be ignored when assigning them a reasonable workload. A delivery driver who was disabled by learning difficulties, severe hearing impairment and dysarthria, a speech disorder, was dismissed following a report that he had been filmed throwing delivery boxes from the back of his lorry. On the day of the incident, he had been…

Work From Home Dispute Raises Key Issue for the Modern Workplace

As the employment landscape continues to shift in the post-pandemic era, employees and employers can find themselves at odds when it comes to expectations of flexible and remote working. The issue was brought to light at Employment Tribunal (ET) proceedings centred on a woman’s request to work from home. The woman had been employed by a financial regulator since 2005. Her initial contract indicated that her normal place of work would be at a physical office location. This changed in early 2020…

Woman Sacked During Difficult Pregnancy Receives Just Compensation

Dismissing an employee for being pregnant may seem extraordinary in this day and age but it still happens far too often. In a case on point, a shop assistant who was viewed as a malingerer by her employer during her complicated pregnancy was awarded substantial compensation by an Employment Tribunal (ET). The woman was on sick leave, having been advised by her GP that she should avoid bending and lifting, when she was taken aback to receive her P45. She launched ET proceedings on the basis that…