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.

Supreme Court Delivers Blow to Trade Union in Delivery Riders Test Case

Are you an employee, a worker, or neither? The answer to that question could not be more important as it defines the rights you may or may not have. The Supreme Court tackled the issue in a case concerning food delivery riders, a trade union and collective bargaining rights. A trade union representing the riders made a formal request to the delivery company to be recognised for collective bargaining purposes. After the company refused, the union complained to the Central Arbitration Committee…

‘Cheeky Monkey’ Comment a Racial Slur in a Workplace Context, ET Rules

Comments like ‘cheeky monkey’ may be viewed as entirely innocent in one context but can have racial undertones in another. An Employment Tribunal (ET) made that point in upholding a racial harassment claim brought by a Somali man who was referred to as such by a co-worker. After the man, who worked for a cleaning contractor, lodged proceedings following his dismissal, the ET found on the balance of probabilities that the co-worker had, on separate occasions, called him a cheeky monkey and told…

There is No Known Level of Safe Exposure to Asbestos – High Court Ruling

Exposure to even very low levels of asbestos can be a source of tragedy many years in the future. The point was made by the case of a retired joiner who succumbed to asbestos-related cancer more than 50 years after he worked for just a few days on the construction of a flagship office building. During the late 1960s, the man worked on construction of an insurance company’s headquarters. The job lasted two weeks at most, but involved handling cement panels which contained asbestos. In 2019 he…