Payout for bus driver threatened with sack
A FORMER Stagecoach bus driver will receive a £41,000 payout after an employment tribunal found he was the victim of discrimination at work following his diagnosis for a lifethreatening illness.
Jayson Andrews was given two warnings for ‘sickness absence’ by the Greater Manchester transport firm - despite him having been diagnosed with a progressive condition, the panel found.
He was also ‘unfairly constructively dismissed’.
Mr Andrews, 43, from Gorton, wishes to keep some details of his illness confidential, but it means he has to take intensive medication every day for the rest of his life, as well as attending regular clinic appointments. The tribunal in Manchester found that while Stagecoach did not ‘directly’ discriminate against Mr Andrews, they did discriminate against him indirectly ‘arising from his disability’.
The firm fought the claims and say they ‘ worked hard’ to help their employee and were ‘disappointed’ by the panel’s findings.
But a Stagecoach spokesman added that they are a ‘caring and responsible employer’ and are ‘committed to learning any lessons’ from the case.
Mr Andrews had been working as a driver for the firm’s Stockport depot for eight years before he resigned in 2016, after becoming ‘physically and mentally exhausted’.
He claimed his erratic shift pattern, which included late nights and early mornings, meant that taking his medication, which comes with strict guidance, at the right time, became extremely difficult.
A recommendation made by occupational health following Mr Andrews’ diagnosis in 2009 for ‘set’ shift patterns was ignored by the company, causing his health to deteriorate, the tribunal heard.
Mr Andrews says he was forced to take periods of sick leave after failing to take his medication at the correct time had left him with symptoms of fatigue, meaning he could not drive safely.
He was issued with formal warnings telling him to improve his attendance at work or he could face losing his job.
The tribunal ruled that Mr Andrews should not have been given formal warnings about his sickness absence related to his condition, nor should he have been told that his job was at risk if his attendance did not improve. Mr Andrews was forced to fork out £28,000 in legal fees to finally bring his former employee to justice.
But Gorvins Solicitors, who represented him, said the tribunal awarded him £41,000 in compensation from the firm, including an ‘injury to feelings’ payout of £16,500.
Mr Andrews told the M.E.N: “The whole thing really took its toll on me. I’d had enough both physically and mentally – I just couldn’t take it anymore.
“I was happy that the hearing was ruled in my favour and that they have been held accountable.”
Employment solicitor Danielle Ayres, of Gorvins, said it was ‘fantastic’ the tribunal found in his favour.
She added: “He was ready, willing and able to work, however, Stagecoach completely failed in their duty of care towards him.” A spokes- woman for Stagecoach Manchester said: “We have special working arrangements and patterns in place for hundreds of our employees in Manchester.
“We are disappointed with the outcome of the tribunal and many of the claims that have been made during this case over the past two years. However, we are committed to learning any lessons we can from this process.
“We also wish Mr Andrews the best for the future.”