Greater Manchester Buses (South), better known as Stagecoach, has been ordered to pay £41,000 to former employee Jayson Andrews for discrimination and harassment.
Jayson Andrews, who has a disability, suffered discrimination and harassment because his shift pattern affected his life-threatening condition.
Andrews resigned from Stagecoach, following the appalling treatment he received after he struggled to maintain regular attendance at the company’s Stockport depot because of the effects of his medication.
Legal Proceedings and Tribunal Ruling
Leading Employment Solicitor of Gorvins Solicitors duly pursued claims for wrongful dismissal, disability discrimination, and constructive unfair dismissal against his former employers in the Manchester Employment Tribunal.
After an initial hearing lasting 5 days, a Tribunal panel announced that Mr. Andrews was harassed and unlawfully discriminated against by Stagecoach and that they had breached their obligation to make adjustments to help and support Mr. Andrews.
After a further hearing to decide on an appropriate remedy for Mr. Andrews, the Tribunal awarded Mr. Andrews just short of £41,000, with an injury to feelings award of £16,500.
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. Stagecoach failed to support Mr. Andrews by not providing him with a shift pattern or alternative work that would have enabled him to take his medication at set times each day and attend specialist clinic appointments. The judgement condemned Stagecoach management who suggested that Mr. Andrews change his medication so that his sickness absence levels would go down or otherwise face losing his job.
Stagecoach opposed Mr. Andrews’ legal claims and placed him on cost warnings throughout the case, saying his claims had no merit and asking his Unite Trade Union Rep to appear as a witness for them.
Gorvins Solicitor stated, “It is fantastic that the discriminatory treatment and harassment that Mr. Andrews faced at Stagecoach has been recognised by the Tribunal. For a long time, he felt side-lined, dejected, and alone due to them acting as if his condition was a burden to them. He was ready, willing, and able to work, however, Stagecoach completely failed in their duty of care towards him.”
If you require advice in relation to disability discrimination, give Gorvins a call at 0161 930 5151 or email at employmentteam@gorvins.com.