David Hoggett, who was a driver for Abellio London Ltd, and who has Type 2 Diabetes, has been awarded £56,976.55 after winning his disability discrimination claim. He developed Type 2 Diabetes and went on prolonged sick leave because of the time needed to respond to a course of medication designed to bring the diabetes under control. Hoggett returned to work, but suffered a relapse and was absent again due to ill health. The DVLA were advised of Hoggett’s condition, but his driving licence was not suspended or rescinded. In his evidence, he confirmed that he was close to returning to work, and was awaiting confirmation from his GP, but following a meeting with his employer, where Hoggett claimed that the focus was more on possible termination than on discussing his Diabetes and the possibilities for getting back to work, he was dismissed for incapability. The tribunal upheld Hoggett’s claim of unfair dismissal because of disability and awarded him £56,976.55, including £10,000 for injury to feelings.
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