A bus driver has been awarded nearly £60,000 compensation after an employment tribunal found that he was unlawfully dismissed when he developed diabetes.
David Hoggett had worked at Abellio London Ltd for eight years. In April 2012, he was diagnosed with Type 2 Diabetes and took several months off work as he responded to his medication.
When he returned, he suffered a setback and needed more time off to recover.
His doctors said that his condition amounted to a disability. Diabetes is recognised as a disability under the Equality Act 2010.
Mr Hoggett was starting to recover and had not had his driving licence withdrawn by the DVLA. However, a staff manager at Abellio dismissed Mr Hoggett on “medical grounds of capability”. Mr Hoggett said: “I was getting close to returning to work and was simply waiting for my doctor to confirm this.
“I believe that I was unfairly dismissed by my employer and that the reason for my dismissal related to my disability.”
He took the case to a Tribunal which found in his favour. He was awarded £10,000 for injury to his feelings and as well as two years salary, making a total of £57,000.
Please contact us if you would like more information about unfair dismissal claims or any aspect of employment law.
Iain Thom | Solicitor
Company and Commercial Department, Kerseys