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.

Employment Judge’s Interventions Gave Rise to Apparent Bias – EAT Ruling

Judges are entitled to robustly manage the cases that come before them, but what they cannot do is give even an impression that they are taking sides. In a case on point, an employment judge’s interventions during a hotly contested hearing were found to have crossed the line into apparent bias. Following a hearing, which was held via video link during the COVID-19 pandemic, the employment judge upheld an office administrator’s complaint of constructive unfair dismissal. The employer challenged…

Workplace Relationships Broken Down? Always Avoid a Knee-Jerk Response

Where irresolvable differences of opinion render an employment relationship entirely unworkable, dismissal may be justified. However, as one case showed, a knee-jerk response is never wise and a failure to allow time for reflection and the observance of proper procedures is likely to have serious financial consequences. The case concerned the chief operating officer and founder of a technology company whose relationship with his co-founders had become so strained that a psychologist…

Furlough Scheme Abuse Whistleblower Receives Substantial Compensation

Every right-thinking person would agree that workplace whistleblowers deserve not retaliation but praise. However, the opposite sadly happened in the case of a public-spirited factory worker who expressed deep ethical concern about his employer’s criminal abuse of the COVID-19 furlough scheme. The man, who had a vulnerable daughter at particular risk from COVID-19, complained to management that self-isolation rules were not being followed after one of his co-workers tested positive for the…