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.

Uber Drivers Are Workers – Supreme Court Finally Settles the Argument

Tightly defined controls that online private hire vehicle operator Uber exerts over drivers who use its app proved decisive in the Supreme Court’s ruling that they are ‘workers’, as defined by the Employment Rights Act 1996, and are thus entitled to receive the National Minimum Wage, paid leave and other benefits. Uber has, without success, fought its way through the tribunal and court systems in an attempt to establish that its drivers are self-employed contractors, in business on their own…

Sexual Harassment and the Rights of Accused Employees – Guideline Ruling

Sensible employers take accusations of sexual harassment very seriously indeed. As an Employment Appeal Tribunal (EAT) ruling underlined, however, the rights of any employee accused of such harassment must be treated with equal gravity. The case concerned a male scientist who was accused of sexual harassment by a female colleague. Following a lengthy grievance procedure, a panel found, on the balance of probabilities, that he had attempted to hug and kiss her when they were in a car together…

Government Launches Review of Parental Leave

The Government has launched a full review of parental leave and pay, with the aim of better supporting working families and helping children to get the best start in life. The Government says that the current system is complicated and does not always give families the support they need. One in three fathers cannot afford to take paternity leave, and take-up of shared parental leave remains very low. The review will examine how to modernise parental leave to support families and help grow the…