The employment tribunal in Hull heard that the driver, who didn’t wish to be named, had been loyal to his employer and had a good work ethic. He had joined the company in 2007. At the end of 2008 he had surgery to remove part of his left

leg following an accident and he eventually had a prosthetic limb fitted.

He worked hard at rehabilitation and was soon able to walk again. He told his employer that he wanted to return to work and asked if some adjustments could be made, such as altering the access level to his crane, so he would be able to work.

However, the employer didn’t attempt to make any adjustments that would have enabled him to carry on working. It didn’t allow him to return to work and dismissed him in June 2011.

The tribunal found that the employer had discriminated aga
inst the driver on the grounds of disability, first by delaying any action to deal with his requests and then by dismissing him.

The tribunal said: “It follows as night follows day that the dismissal must be an unfair one.”

“Many people with that level of disability view their working life as having come to an end but not so the claimant. He was keen, anxious and willing to get back to work. He is an extremely impressive person in relation to the depth of work ethic that he has and the remarkable lengths that he has gone to to try and secure alternative employment.”

The man was awarded £38,000 compensation.

Please contact us if you would like more information about the issues raised in this article or any aspect of discrimination in the workplace.

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