Stagecoach ordered to pay former driver £7989
The Stagecoach bus company has been ordered to pay thousands of pounds in compensation after it was found guilty of discriminating against a disabled driver.
- Published in the Courier : 15.12.10
- Published online : 15.12.10 @ 07.01pm
Stagecoach Scotland, of Dunkeld Road in Perth, must pay former employee Paul Smith, of Montrose, a total of £7989 for discrimination and wrongful dismissal.
After a three-day hearing, an employment tribunal in Dundee found by majority that, while Mr Smith had contributed to his own dismissal to a certain extent, he was dismissed unfairly and Stagecoach must pay him £6989 compensation. The tribunal also found Stagecoach had unlawfully discriminated against Mr Smith on grounds of disability and must pay a further £1000.
Earlier, the tribunal heard Mr Smith, a driver based at Stagecoach's Montrose depot since 1995, had begun experiencing back pain in 2008. He went off work in 2008 as a result of the pain but returned a short time later.
In May last year he spent two more weeks off work after producing a doctor's certificate that said he had "recurring back pain."
The following month, Mr Smith was given a continuous certificate of sickness absence by his doctor after being involved in a road accident while at work.
In a bid to get Mr Smith back to work, Stagecoach offered a job as a conductor, which he turned down. After it was decided he had a bad attitude, Mr Smith was given 12 weeks' notice of dismissal that month.
Stagecoach accepted he was dismissed but said it was on grounds of capability and it was substantively and procedurally fair.
A spokeswoman said, "We are disappointed in the outcome of the tribunal. However we note that the panel did find that, although the claimant was dismissed prematurely, he would have been fairly dismissed around two months later in any event.
"They also found that the claimant had contributed to his dismissal."
She added, "We are committed to ensuring the health and well-being of our employees."
