Post by Admin on Jun 2, 2013 10:29:16 GMT
A double decker London bus driver who was unfairly sacked from his job after developing diabetes has been awarded almost £60,000 in damages.
Father-of-three David Hoggett was fired to make way for 'cheaper Polish drivers at half the cost', his solicitor claimed after winning the tribunal.
The 58-year-old had worked under Abellio London Limited - the firm employed to provide drivers for the famous red buses in the city and parts of Surrey.
He claimed sick pay when he was diagnosed with Type 2 Diabetes and took several months to respond to Vitamin D medication last summer.
But bosses at Abellio sacked him on 'medical grounds of capability'.
He then sued the company for unfair dismissal and discrimination on the grounds of his disability, an employment tribunal hearing had been told.
Mr Hoggett successfully won his claim and 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.
Solicitor Alex Monaco, a senior partner in Compromise Agreements Limited, who dealt with the case, said: 'The unfair and discriminatory dismissal of our long-serving client Mr Hoggett would have decreased Abellio's wage bill and enabled them to recruit cheaper drivers from abroad.
'Mr Hoggett was paid £29,000, and if these cheaper drivers were being paid £14,000 or £15,000 it would be a two for one swap effectively.
'How many other people has this affected who have not stood up for their rights?'
Bus company Abellio strongly deny Mr Monaco's allegations, which were only made after the case had concluded, that his client was sacked to make way for cheaper foreign drivers.
It was reported last month that the operator flew bosses to Poland to recruit 50 new drivers.
Bosses at Abellio, a subsidiary of the Dutch state rail operator, claimed it could not find suitable British candidates to work on routes on parts of London.
The tribunal hearing held in Croydon, Surrey, was told that Mr Hoggett worked as a driver since May 2004 until he was sacked on July 20, last year.
He attended a doctor's appointment on March 9, last year, after suffering from what he thought thought was a chest infection.
The driver from East Molesey, Surrey, was signed off sick and during that period he was diagnosed with Type 2 Diabetes on April 11.
Doctors who helped treat his condition said they considered this to amount to a disability.
In his witness statement, Mr Hoggett said he was placed on a course of medication by his doctor to bring the diabetes under control.
But after returning to work he suffered a relapse in his condition and was signed off sick again
After meetings with staff manager Jacinta Faley she later advised him that he was being dismissed on medical grounds of capability.
Mr Hoggett said: 'I believe that the decision to dismiss me had been taken prior to the meeting on 20-7- 2012,' he said.
'The majority of the meeting seemed to focus on my termination rather than looking at my condition and how long it might take for me to be able to return to work.'
He added: 'I would like to point out that my driving licence was never removed or suspended by DVLA.
'They were advised, of course of my condition and subsequently confirmed that my driving privileges remain intact.
'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.'
Speaking after the case, Mr Hoggett said: 'I'm glad the case is done and dusted. It has been dealt with I can move on with my life. It was a real burden to cope with and very stressful for me and my family.'
A spokesman for Abellio said: 'With regard to the Employment Tribunal on Thursday 2nd May 2013 we were disappointed by the result however, we will abide by the conclusion of the tribunal and wish the claimant all the best for the future.'
On the Polish bus driver allegation, he added: 'Our drivers are under a collective bargaining agreement and this is clearly both factually wrong and simply incorrect.'
Read more: www.dailymail.co.uk/news/article-2324447/Bus-driver-handed-60-000-ex-bosses-sacked-unfairly-developed-diabetes.html
Father-of-three David Hoggett was fired to make way for 'cheaper Polish drivers at half the cost', his solicitor claimed after winning the tribunal.
The 58-year-old had worked under Abellio London Limited - the firm employed to provide drivers for the famous red buses in the city and parts of Surrey.
He claimed sick pay when he was diagnosed with Type 2 Diabetes and took several months to respond to Vitamin D medication last summer.
But bosses at Abellio sacked him on 'medical grounds of capability'.
He then sued the company for unfair dismissal and discrimination on the grounds of his disability, an employment tribunal hearing had been told.
Mr Hoggett successfully won his claim and 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.
Solicitor Alex Monaco, a senior partner in Compromise Agreements Limited, who dealt with the case, said: 'The unfair and discriminatory dismissal of our long-serving client Mr Hoggett would have decreased Abellio's wage bill and enabled them to recruit cheaper drivers from abroad.
'Mr Hoggett was paid £29,000, and if these cheaper drivers were being paid £14,000 or £15,000 it would be a two for one swap effectively.
'How many other people has this affected who have not stood up for their rights?'
Bus company Abellio strongly deny Mr Monaco's allegations, which were only made after the case had concluded, that his client was sacked to make way for cheaper foreign drivers.
It was reported last month that the operator flew bosses to Poland to recruit 50 new drivers.
Bosses at Abellio, a subsidiary of the Dutch state rail operator, claimed it could not find suitable British candidates to work on routes on parts of London.
The tribunal hearing held in Croydon, Surrey, was told that Mr Hoggett worked as a driver since May 2004 until he was sacked on July 20, last year.
He attended a doctor's appointment on March 9, last year, after suffering from what he thought thought was a chest infection.
The driver from East Molesey, Surrey, was signed off sick and during that period he was diagnosed with Type 2 Diabetes on April 11.
Doctors who helped treat his condition said they considered this to amount to a disability.
In his witness statement, Mr Hoggett said he was placed on a course of medication by his doctor to bring the diabetes under control.
But after returning to work he suffered a relapse in his condition and was signed off sick again
After meetings with staff manager Jacinta Faley she later advised him that he was being dismissed on medical grounds of capability.
Mr Hoggett said: 'I believe that the decision to dismiss me had been taken prior to the meeting on 20-7- 2012,' he said.
'The majority of the meeting seemed to focus on my termination rather than looking at my condition and how long it might take for me to be able to return to work.'
He added: 'I would like to point out that my driving licence was never removed or suspended by DVLA.
'They were advised, of course of my condition and subsequently confirmed that my driving privileges remain intact.
'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.'
Speaking after the case, Mr Hoggett said: 'I'm glad the case is done and dusted. It has been dealt with I can move on with my life. It was a real burden to cope with and very stressful for me and my family.'
A spokesman for Abellio said: 'With regard to the Employment Tribunal on Thursday 2nd May 2013 we were disappointed by the result however, we will abide by the conclusion of the tribunal and wish the claimant all the best for the future.'
On the Polish bus driver allegation, he added: 'Our drivers are under a collective bargaining agreement and this is clearly both factually wrong and simply incorrect.'
Read more: www.dailymail.co.uk/news/article-2324447/Bus-driver-handed-60-000-ex-bosses-sacked-unfairly-developed-diabetes.html