£3,250 awarded after sacking
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II A driver given no warning that he was to be made redundant because of his health has been awarded £3,250 cornpensanon for unfair dismissal by a Leeds industrial tribunal,
Paul Horner started as a driver at Gagewell Transport in Leeds in September 1989. In August 1991 he had a heart bypass operation and was off work until the following April, when he was fit to return — although not as a driver.
The company initially found work for him in the warehouse and then for the last six weeks of his employment as a driver's mate.
In November, management decided that Horner was not fully fit and that they would have to make him redundant. Horner said he was taken completely by surprise and had no warning whatsoever. He was working as a driver's mate and expecting work to continue.
The tribunal said that they were satisfied that there was no redundancy situation, as Horner was given no less work to do.
For a dismissal on grounds of health to be fair, there has to be a medical investigation and consultation with the employee.