A bus driver who is HIV positive has won legal claims after alleging he suffered harassment because his shifts affected his life-threatening condition.
John Andrews resigned from Greater Manchester Buses (South) after struggling to maintain regular attendances at the firm’s Stockport depot because of his HIV infection.
He made legal claims for breach of contract, disability discrimination and constructive unfair dismissal against his former employers at Manchester Employment Tribunal after resigning from his job after 12 years.
Tribunal Judge Kenderik Horne said he would make his decision later and has now announced that Mr Andrews was harassed on one occasion by the firm, which he said also breached the duty to make adjustments to help the claimant.
Mr Horne also said that Mr Andrews should not have been formally warned about his sickness absence on 21 September 2015, should not have been warned that his future employment was risk if his attendance did not improve, and should not have received a written warning about his sickness absence in January 2016.
The Tribunal was told that Mr Andrews would be on medication for HIV for the rest of his life to prevent his condition becoming fatal.
He was said to have been on sick leave on numerous occasions and complained his work hours put him under pressure. He requested a fixed split shift system.
An occupation health report said that Mr Andrews struggled to take his medicine as directed due to the nature of his shift system.
The firm opposed Mr Andrews’ legal claims and said that they helped him – including granting him his request for fixed split shifts.
Mr Horne said that he was satisfied that there was no prejudice against Mr Andrews because of his HIV and that he admitted he struggled to maintain regular attendances at work.
He added, however, that the Tribunal believed the firm could have found other types of work for Mr Andrew at one of its depots.
A remedy decision is to be made later.
