A bus operator covering the Manchester area has successfully opposed legal claims by a former driver who wanted flexible work times to help his family.
Phil Sherrington made legal claims involving flexible work times, unfair dismissal and disability discrimination against GM Buses South Ltd, which has a depot at Wigan where he worked.
The hearing took place at Manchester Employment Tribunal and Tribunal Judge Tom Ryan has ruled that all three legal claims were not well founded and has dismissed them.
Mr Sherrington started working for GM Buses South, previously known as First Manchester, in 2005.
After a time, he requested changes in his weekly work structure, so he could contribute more time to his family’s needs. He said he wished to work Monday-Friday from 0900-1700hrs.
The Tribunal was told that the operator had 226 drivers doing a variety of shifts and that the firm made Mr Sherrington an offer.
Mr Sherrington complained the offer was not put in writing and eventually he became unwell with severe stress and depression resulting in three periods of sick leave. He told his employer that he was medically unfit to drive.
It was said that Mr Sherrington had not been told, prior to a meeting, that the question of his capability to continue working was being considered.
The firm opposed Mr Sherrington’s legal claims and denied they had not done enough to help him. It also accused him of alleged unauthorised absences from work and allegations of “failing to follow legitimate instruction”.
He was eventually dismissed on the grounds of capability.
