Bus driver with Crohn's disease awarded £25,000 after employer failed to provide suitable shifts
A bus driver with over 30 years' service was awarded £25,000 after his employer repeatedly allocated shifts that did not meet his disability-related needs, causing him to soil himself at work.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant has Crohn's disease and the respondent accepted it was a disability.
- The claimant required shifts of no more than 8 hours, regular toilet breaks, and predictable start/finish times (the 'Three Criteria').
- The respondent repeatedly allocated shifts that did not meet the Three Criteria between January and August 2022.
- The claimant soiled himself as a result of working unsuitable shifts.
- The respondent failed to automatically provide suitable shifts despite knowing the claimant's needs.
Timeline
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Occupational health report
Report recommended predictable work pattern, regular toilet stops, and shifts no more than 8 hours.
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Respondent agreed to fixed pattern
Respondent wrote to claimant stating he would be given a fixed working pattern and efforts would be made not to change it.
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Claimant requested shift change
Claimant wrote to respondent stating he could no longer work shift 216.
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First act of discrimination
Respondent refused claimant's request to change shift, citing fairness to other drivers.
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Grievance meeting
Claimant was informed a guideline would be written for his fixed line.
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Claimant raised grievance
Claimant complained about being allocated an 11-hour shift.
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Response to grievance
Respondent replied to claimant's grievance about unsuitable shifts.
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Unsuitable shift allocated
Claimant was allocated a duty that was too long and lacked toilet breaks.
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Grievance outcome
Respondent upheld grievance and allocated a suitable shift, implemented by mid-August.
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Final harassment incident
Claimant was told to raise issues with a local rota rep.
The legal issue
The tribunal had to decide whether the employer failed to make reasonable adjustments by allocating shifts longer than 8 hours, with variable start times and no toilet breaks, despite knowing the driver's Crohn's disease required a predictable pattern. It also considered whether repeatedly requiring the driver to request these adjustments amounted to harassment.
The outcome
The tribunal upheld the driver's claims for failure to make reasonable adjustments and harassment.
Key reasons:
- The employer knew from a 2016 occupational health report that the driver needed shifts of no more than 8 hours, regular toilet breaks, and predictable start/finish times.
- Despite this, between January and August 2022, the driver was allocated shifts that violated these criteria on multiple occasions.
- The employer's response was to tell the driver to raise issues with local management each time, rather than automatically providing suitable shifts.
Compensation:
- Total award: £25,000 for injury to feelings (no breakdown provided).
Lessons & takeaways
- Employers must proactively implement reasonable adjustments once an employee's disability-related needs are known, rather than waiting for the employee to request them each time.
- Repeatedly requiring an employee to ask for the same adjustment can itself amount to harassment, even if the employer eventually complies.
- Occupational health recommendations should be treated as binding guidelines, not optional suggestions, especially where they relate to a long-term condition.
- Long-serving employees with established adjustment patterns are entitled to expect consistency; changing shifts without consultation can breach the duty to make reasonable adjustments.
A pattern of broken promises
This case shows what happens when an employer knows exactly what an employee needs but fails to deliver. The bus driver, who had worked for the company for over 30 years, had a clear set of adjustments agreed in 2016: shifts no longer than 8 hours, regular toilet breaks, and predictable start and finish times. These were not optional extras – they were essential for managing his Crohn's disease. Yet in 2022, the employer repeatedly allocated shifts that ignored these criteria, sometimes lasting nearly 11 hours with no comfort breaks. The result was that the driver soiled himself at work, a deeply distressing and humiliating experience.
What the employer could have done differently
The tribunal noted that the employer's response was to tell the driver to 'raise it with local management' each time an unsuitable shift appeared. This placed the burden back on the employee, rather than the employer taking responsibility for ensuring adjustments were in place. A simple step – such as flagging the driver's profile in the rostering system to prevent non-compliant shifts – would have avoided the entire dispute. Instead, the employer's repeated failure to act led to a finding of harassment, because the driver was forced to keep asking for something he should have been given automatically.
Why this matters for similar claims
This decision reinforces that the duty to make reasonable adjustments is not a one-off exercise. It requires ongoing monitoring and, where necessary, proactive changes to working patterns. Employers cannot rely on a 'fairness to other drivers' argument to override a disabled employee's known needs. The award of £25,000 for injury to feelings reflects the seriousness of the distress caused. For employees with fluctuating conditions like Crohn's, this case is a reminder that the law expects employers to take their needs seriously – and that repeatedly having to fight for basic adjustments can itself be unlawful.
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