Bus Driver with Crohn's Disease Awarded £29k for Unfair Treatment

Background

A bus driver, whose identity remains confidential, had been managing Crohn's disease, a chronic inflammatory bowel condition that can cause severe symptoms and requires careful management. 

In 2016, he attended an occupational health meeting which confirmed his substantial health issue and recommended three key accommodations:

1. A predictable work schedule allowing for three meals a day and regular medication times.

2. Regular toilet breaks.

3. No shifts longer than eight hours.

The report emphasized that deviations from this routine could cause flare-ups, leading to an "unpredictable and urgent need" to use the toilet.

Due to his condition, the driver requested regular shifts to maintain a stable routine essential for managing his health effectively. However, his employer failed to provide the requested consistent work schedule.

The lack of regular shifts culminated in an unfortunate incident where the driver soiled himself at work, exacerbating his condition and causing significant distress and embarrassment.

Employment tribunal ruling 

The tribunal concluded: "The claimant did soil himself due to working unsuitable shifts." 

The tribunal sided with the claimant, acknowledging his difficulty and embarrassment in discussing his condition, which explained why he did not report these incidents to his supervisor.

They further ruled that the company’s failure to accommodate the driver's request for regular shifts constituted unfair treatment and did not meet the required reasonable adjustments mandated by employment law for individuals with disabilities.

Commentary 

The £29,000 award to the bus driver with Crohn's disease highlights the critical need for employers to make reasonable adjustments for employees with chronic health conditions. Reasonable adjustments can include modifications to work schedules, job duties, and the work environment to better support such employees. In this case, maintaining regular shifts was a reasonable and necessary adjustment to help the bus driver manage his Crohn's disease effectively. This case serves as a pivotal example of the importance of empathy, understanding, and action in fostering a fair and supportive work environment.

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Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk