Legal News
Unfairly dismissed driver wins discrimination case (27 May 2013)
Date: 27/05/2013
In a case of unfair dismissal a London bus driver has been awarded nearly £60,000 after it was judged he was unfairly dismissed from his job after developing diabetes.
David Hoggett who worked for Abellio London Limited was diagnosed with Type 2 Diabetes and had responded to medical treatment only after several months but his bosses at Abellio sacked him on ‘medical grounds of capability’.
An Employment Tribunal heard that Mr Hoggett worked for Abellion as a driver since May 2004 until he was fired on 20 July 2012. the tribunal was told that the employee attended a doctor’s appointment on 9 March 2012 suffering from what he thought was a chest infection, but was eventually diagnosed with Type 2 Diabetes on 11 April.
In his statement Mr Hoggett said that he was placed on a course of medication to control his diabetes but after returning to work he suffered a setback with his condition and was once again signed off sick.
The Tribunal also heard that the doctors treating Mr Hoggett had said that it was a condition which could be considered to a disability. But after a meeting with a staff manager, Mr Hoggett was told he was being dismissed on medical grounds of capability.
Commenting on this decision, Mr Hoggett said he had reasons to believe that the decision to dismiss him was taken even prior to the meeting on 20 July 2012. That the majority of the meeting seemed to focus on his termination rather than looking at his conditions and how long it might take for him to recover to return to work.
He added, his driving license was never removed or suspended by the DVLA and that they were informed about his conditions and subsequently a confirmation was given to him that his driving privileges remained intact.
He said his was an unfair dismissal and the reason was related to his disability he then sued the company for unfair dismissal and discrimination on the grounds of his disability and successfully won his claim at the Tribunal hearing.
Mr Hoggett was awarded £10,000 in injury to feelings compensation and two years of his salary, almost £47,000, bringing the total to £56,976.55.
Following the decision, Mr Hoggett said he was glad that the case was done and dusted
A spokesman for Abellio said though they were disappointed by the Tribunals ruling it was going to abide by the conclusion of the Tribunal.