Roadworker awarded £25k compensation

0 - 0 • Published 21 May 2008 10:00

A ROADWORKER has been awarded more than £25,000 compensation after he was sacked for taking a year"s sick leave following an accident at work.

Clydebank man James McGrath claimed he was unfairly dismissed and discriminated against following his accident while cutting a line in a road surface in May 2004.

An employment tribunal heard last week that Mr McGrath, 52, suffered severe back pain and was unable to lift anything heavy or walk far.

He suffered extreme pain and had to take medication for depression.

At a series of review meetings, Mr McGrath, from Drumry, indicated he could not return to his job as a roadworker but could perform light duties.

However, he was advised there were no light duty jobs available.

When his entitlement to full pay ended, he asked that his employment be continued through leave of absence without pay.

But his employer, East Dunbartonshire Council, said that there had been no improvement in Mr McGrath"s condition for over a year, there was no definite diagnosis and he was to be dismissed on the grounds of continued incapability.

The council argued it was not possible for Mr McGrath to return to work in any capacity as it had a duty of care not to expose him to the risk of further damage and in the absence of a diagnosis, this risk was real.

Mr McGrath, whose case was supported by the GMB union, argued the council had failed to meet its obligation to consider alternative employment.

The tribunal held Mr McGrath"s dismissal was unfair, as the council had failed to follow the correct procedures.

It was also ruled that his dismissal amounted to less favourable treatment related to disability and that he had been subjected to disability discrimination.

The council was aware, or ought to have been aware, that Mr McGrath was disabled but they dismissed him on the basis of that disability, while unaware of the full nature and extent.

Judge Michael MacMillan said: 'It seems to us that the approach was cavalier, to say the least.'

Mr McGrath, of Ellisland Avenue, was awarded a total of £25,507 compensation, including £10,000 for injury to his feelings.

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This article appeared in Clydebank Post 21 May 08

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