Employment Blog: Train Driver Awarded £28,000 by Employment Tribunal After Missing 134 Days Work

Thomas, 45, suffers from asthma and eczema and the tribunal ruled against Southeastern Trains because they had failed to take his disabilities into account when they dismissed him.  This was despite the fact that the tribunal admitted that his employment would probably have come to an end six months later due to “the severity and persistence of his symptoms.”

A spokesperson for the British Chamber of Commerce, Liz Larvin, commented: “"Businesses currently feel like the employment tribunal system is stacked against them... One in five businesses has been threatened with a tribunal claim in the last three years."

Ultimately Southeastern lost the case because they actually failed to adhere to their own attendance-at-work policy.  Had they done so it is extremely unlikely they would have lost the case or even have been taken to the tribunal in the first case.

If you are worried your business could be leaving itself open to such claims, call our employment team today on 0808 155 9070 or make an online enquiry. If you are concerned about your businesses contracts of employment or other area of employment law contact Lorna Valcin today to safeguard your business from the impact of an employment tribunal.