Head-injured HGV licence loser wins
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• A driver sacked by Edmondson Freightliners after being off work for almost 10 months because of head injuries received in an accident, has been awarded more than £8,300 in compensation for unfair dismissal by a Leicester Industrial Tribunal.
The Tribunal was told that Douglas Cave had been employed since 1977, and that he had been hospitalised following an accident in 1987 driving one of the company's vehicles. He had been asked to surrender his HGV licence by the Licensing Authority in February 1988 until he was medically fit again.
Between October 1987 and his dismissal in July 1988, Cave had spoken to a director of the company on four occasions. His doctor had told him in April 1988 that there had been no reason why he should not eventually resume HGV driving.
The tribunal heard that the company had written to Cave in July saying that he was to be discharged because there seemed little prospect of the LA re-issuing his HGV driving licence. A driver had been taken on to replace Cave, but the company had said if he did regain his licence they would be happy to accept an application for a job from him.
The company made it clear that it had never questioned Cave's ability as a driver, but said, however, that it had been patient for almost 10 months, which was long enough. It said the dimissal letter had been a regrettable, but necessary and reasonable recognition of the realities of the situation.
The tribunal said it did not believe the company had done enough to establish the current circumstances, particularly in regard to Cave's medical condition. It also said that the company could have considered providing a temporary alternative job for Cave until he was able to resume his normal job. The tribunal had been told of a light job in the company's warehouse which had never been mentioned to Cave.