Sick plea fails at Mr Cube's
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TATE AND LYLE Transport wa right to insist on medical confir mation that a driver who hai been off work suffering fron vertigo was fit to return to driv ing heavy goods vehicles, de cided a Birmingham Industrie Tribunal.
The tribunal rejected a clain for compensation for unfai dismissal by the driver con cerned, Frank Needle. It was toh that Mr Needle was off wonl from August 1982 and sick note: were produced saying he wa: suffering from vertigo. Even tually, the company received signing off note saying that M Needle was fit to return to worl on November 1.
The company felt that in viev of the nature of his complain and their responsibilities to hin and to the public, Mr Need1{ ought to be examined furthe before it accepted him back as e driver.
Consequently it wrote to M Needle on October 26 saying i required verification that he wat fit to drive heavy vehicles. Ne reply was forthcoming and afte four weeks the company wrote again saying that it concludec that Mr Needle had not beer able to obtain the necessar) clearance and in view of that hi: employment was terminated.
Mr Needle contacted his uniot and a meeting was arranged. A that meeting it was claimed tha Mr Needle had replied to the Oc tober letter.
The company said it wa: prepared to accept that and i would turn the clock back so tha a job would still be available i Mr Needle could prove it confir mation of his capability to drive in the form of medical evidence Mr Needle refused that offer say ing he was not interested.
The tribunal said that refusa was entirely unjustified and un reasonable. Though Mr Needle had told them that he had beer awaiting consultation with C specialist they were satisfiec that that had not been madE known to the company.