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Permission to make a claim
Page 24
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Birmingham Employment Tribunal allows diabetic driver to claim sick
pay. Peter Swingler reports.
4. TRUCK DRIVER who corn)1ained she was sacked by a itaffordshire haulage firm after ieveloping diabetes and being off vork ill has been told she can )roceed with a compensation 71aim for disability discrimination. C Elwell Transport, of Rugeley, vas criticised by Birmingham Employment Tribunal chairman rohn van Gelder for making no ffort to find out what was happenng to Gemma Walton of Fradley, iear Lichfield.
Walton, who was seeking pernission to have her compensation laim for disability discrimination ward at a full hearing, said she had )een employed by the firm for two nonths before she became ill.
The company said that when she lid not turn up for work and failed o contact them, they presumed he had left and sent her a P45.
An Elwell manager said it was not uncommon for drivers to lea N't2 by simply not turning up for work: "If we had known she had diabetes, we would have responded."
Walton told the Tribunal that she had sent a letter to the firm explaining the situation and that her husband had phoned the management. She said her situation had been worsened by a fall in her home which caused an injury that required hospital treatment.
"I was not given any sick pay and I am owed 009," she added.
Van Gelder said the company could at least have sent a text message enquiring about Walton's situation and described herhusband as an honest witness. saying he believed his evidence that he had told the firm his wife was ill.
Walton can now go ahead with her claim for disability discrimination, plus unpaid sick pay at a full hearing later this year.