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Driver with slipped disc will contest his unfair dismissal
Page 12
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A Midlands cement firm is to defend itself against claims of
employment and disability discrimination. Pete Swingler reports.
A LEAMINGTON SPA truck driver and union shop steward has been given the go-ahead to make compensation claims for unfair dismissal and disability discrimination against one of the country's leading cement firms.
Peter Bowles was given the approval at a Birmingham employment tribunal against Cemex UK Cement, formerly Rugby Cement, where he worked for five years and was a shop steward for the T&G union.
Bowles had complained that he was unfairly dismissed by the Rugby-based firm after being accused of incapability He was told he could not proceed with his claims for unfair dismissal and disability discrimination until the tribunal was satisfied that he had a disability.
Tribunal chairman Charles Saunby considered a medical report.which said Bowles suffered from a prolapsed disc. Although the problem was not substantial, it was degenerative, said the report.
The firm, however, accused Bowles of "gilding the lily" and alleged that he had embellished his medical condition.
Cernex's legal representative said he wanted to question the expert who prepared the report. Saunby said that he was satisfied that Bowles was suffering from a disability with his back and told him he could go ahead with the claims for unfair dis missal and disability discrimination at a full tribunal hearing later in the year.
The firm says it will be opposing the claims.