Bus driver loses licence due to health help

PasturesNew

As they say above: the company should consider alternative jobs. Bottom line is they can't create a job.

If there's a suitable job they'll offer it to him; if not they won't.

It's black and white with such a situation and job requirement.

What is suitable to the employer would be "any job he could do without a license and without being a danger due to his new restrictions"; what your OH considers suitable is a different kettle of fish entirely.

Even a bus cleaning job, say, is probably unsuitable as it involves parking/unparking vehicles and moving them around the yard.

So what else is there? Answering the phones? He might not want a desk job and wants to secure a nice Blakey role with a clipboard.... jobs like that are like hens' teeth (if they exist these days).

sangie595

But we don't know what kind of bus company we are talking about here. Many public transport companies have huge back office operations. That doesn't mean there is a job available. But it does mean they should look first. Before dismissing.

ohreally

nickcc wrote: »

Having worked for a major bus company any Driver unable to drive for whatever reason had their contract terminated.

What did the trades unions have to say about this being applied to a protected characteristic?

sangie595

ohreally wrote: »

What did the trades unions have to say about this being applied to a protected characteristic?

I suspect the poster meant to say, any driver not in a union! Because this is employment law 101. Any union should know too go straight to tribunal claim if no alternative was even considered. But when people aren't unionised, it's easy to tell them there are no other choices.

Takeaway_Addict

sangie595 wrote: »

I suspect the poster meant to say, any driver not in a union! Because this is employment law 101. Any union should know too go straight to tribunal claim if no alternative was even considered. But when people aren't unionised, it's easy to tell them there are no other choices.

They have to consider it but let's be realistic here, the chances of an alternative job are slim and rely on luck of availability.

sangie595

Takeaway_Addict wrote: »

They have to consider it but let's be realistic here, the chances of an alternative job are slim and rely on luck of availability.

I don't know that. And neither do you. I am sure the OP is able to be realistic. But the OP's question was do they have to offer him alternative employment if possible. The answer is yes, they do. Despite numerous posters saying that they don't. The OP isn't asking for job creation. They aren't asking for favours. It is a simple and clear question, and the law has an equally simple and clear answer.

nickcc

I give one recent example of a drivers contract being terminated due to loss of license then posters can decide for themselves.

Driver doing a School run in a double decker just before Christmas, unruly children decided to play with spray snow and squirted driver in the face whilst driving. Driver taken to hospital and lost sight in one eye and license to drive PCV's taken away. No other work available so driver finished, no TV advertising claim company would consider taking on either the Child, School or bus company and the unions weren't interested. You can spout as much as you like about the drivers rights but no alternative work available so no job.

sangie595

nickcc wrote: »

I give one recent example of a drivers contract being terminated due to loss of license then posters can decide for themselves.

Driver doing a School run in a double decker just before Christmas, unruly children decided to play with spray snow and squirted driver in the face whilst driving. Driver taken to hospital and lost sight in one eye and license to drive PCV's taken away. No other work available so driver finished, no TV advertising claim company would consider taking on either the Child, School or bus company and the unions weren't interested. You can spout as much as you like about the drivers rights but no alternative work available so no job.

This obviously seems to be something you are angry about so I assume you know this person?

I am not "spouting" about rights. These ARE legal rights. I have said myriad times that the employer must consider if there are alternative jobs available before dismissal. Not that they must create one. Not that they must find one. But they MUST look to see if this is feasible. If, in the case that there is no alternative, then dismissal is fair. And posters cannot "decide for themselves" - it isn't a vote. If challenged, the LAW decides. Not posters on an anonymous forum!

I do not know the circumstances of the incident that you describe, but I find it hard to believe that nobody, not even the ambulance chasers, were interested in pursuing a claim. There may or may not have been negligence in respect of supervision of the children, and it may have been nobody's fault, but this is a serious work related injury. Most such claims are settled without a court case anyway - insurance companies usually settle because this is the cheapest option - so it is surprising that nobody would take a claim forward.

Jibeddy

Coming from a background of working in the transport and haulage industry, this talk of reasonable adjustments doesn't hold true here.

What actually happens is the driver will lose his Driver Certificate of Professional Competence (CPC) which in turn will lead to him being unable to fulfil his duties as this is a requirement to drive either a heavy goods vehicle, bus or coach. Now a fair chunk of what you can lose your CPC for isn't covered by the disability act which requires you to find alternative employment.

Without knowing his exact condition I couldn't comment. But most companies also have a policy of also supporting drivers who fall into this category, as this happens fairly frequently and some drivers will go to and from gaining and losing there CPC due to health reasons. It's an industry where drivers are becoming rarer and keeping hold of a decent worker in hope he'll regain the CPC is a risk most will take.

Good luck with this.

Guest101

nickcc wrote: »

I give one recent example of a drivers contract being terminated due to loss of license then posters can decide for themselves.

Driver doing a School run in a double decker just before Christmas, unruly children decided to play with spray snow and squirted driver in the face whilst driving. Driver taken to hospital and lost sight in one eye and license to drive PCV's taken away. No other work available so driver finished, no TV advertising claim company would consider taking on either the Child, School or bus company and the unions weren't interested. You can spout as much as you like about the drivers rights but no alternative work available so no job.

I'm confused how the child even go so close as to do that?