Medical checks must be made
Page 5
If you've noticed an error in this article please click here to report it so we can fix it.
A NOTTINGHAM Industrial Tribunal emphasised the necessity of a proper medical investigation before deciding to dismiss on health grounds when it decided that Standen Homes Ltd had unfairly dismissed Mr L H Warsop, one of three HGV drivers employed by the company.
The company had denied dismissal, and the Tribunal said that in July and August 1989. Warsop had refused to drive the company's left-hand drive roadsweeper because of an eye defect. He was warned that if he persisted in his attitude the company might have to dispense with his services, and he was told to produce some medical evidence. He was employed on other driving duties until October, when he produced a medical certificate saying that he was advised not to drive left-hand drive vehicles. Nothing was said in that certificate about his ability to drive heavy good vehicles.
The company suspended Warsop from driving duties following the receipt of the medical certificate and offered him a job as a labourer. He was not prepared to accept that offer.
The Tribunal said that the company had not intended to pay Warsop unless he was willing to work as a labourer. They had no right, without his consent, to impose such a reduction in pay or for an indefinite period require him to undertake unskilled duties which were not within the terms of his contract of employment. 11 amounted to a significant breach of contract.
The only medical evidence related to left-hand drive vehicles. The company had done nothing to investigate the medical position to see if Warsop was unfit to drive HGV.