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routeone > News > HIV positive driver is awarded more than £40,000
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HIV positive driver is awarded more than £40,000

routeone Team
routeone Team
Published: November 28, 2018
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A bus driver with HIV has been awarded more than £40,000 after a judge decided a company failed to make adjustments to help him with his medical condition.

Manchester Employment Tribunal Judge Horne also agreed that the driver had been constructively unfairly dismissed by Greater Manchester Bus (South) after he had resigned.

The driver had made legal claims for disability discrimination and for constructive unfair dismissal against his former employers after accusing the firm of failing to do enough to help him with his HIV-positive condition and his depression.

He complained of working long hours in view of his poor health and the handling of his rota hours. He said trust and confidence had been undermined and that his contractual sick pay had been stopped at one stage.

He had been based at the Stockport depot after being a driver since 2008.

His salary was £21,736 for a 40-hour week but he complained that he struggled with his health and was on anti-depressant medication.

He told the Tribunal that he felt he was “fighting a losing battle” and that he could have been allocated non-driving duties.

The firm opposed the claims and said it had helped him.

The Tribunal was told that in 2015 Greater Manchester Bus (South) employed more than 2,000 people and had made an £18m profit.

The case was conducted through several hearings from last year and Judge Horne said at the time he would make a decision at a later date.

The judge has now confirmed that he has been awarded a total of £40,353. The award includes £18,150, plus £3,997 interest for contravening the Equality Act and a £3,141 basic amount for the loss of his job. The total also includes £13,399 for financial losses plus £1,164 interest.

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