Bus driver unfairly dismissed after stroke: reinstatement ordered
A bus driver who was dismissed on medical grounds after a stroke has won his unfair dismissal claim and been reinstated to his role. The tribunal found the employer failed to properly consider alternative work and an occupational health report.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #stroke
- #pcv-licence-revocation
- #occupational-health
- #reinstatement
Key facts
- The claimant suffered a stroke on 30 January 2020 and was on sick leave.
- His PCV driving licence was revoked by the DVLA on 11 June 2020 due to the stroke.
- The respondent dismissed him on medical grounds on 7 August 2020.
- The tribunal found the dismissal unfair because the claimant was medically fit to work with adjustments.
- The claimant was not found to be a disabled person under the Equality Act 2010.
- The claimant was reinstated to his role as bus driver with effect from 1 July 2022.
Timeline
-
Stroke
The claimant suffered a stroke and was hospitalised for 13 days, then signed off sick.
-
PCV licence revoked
The DVLA revoked the claimant's PCV licence due to the stroke, with a 12-month bar on reapplication.
-
Long-term sick interview
Mr White held a meeting with the claimant to discuss his health and referred him to occupational health.
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Occupational health consultation
The OH practitioner found the claimant fit for work except driving, with possible fatigue adjustments.
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Second meeting
Mr White met the claimant; the claimant asked about alternative work. Mr White enquired but found no non-driving vacancies.
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Dismissal
Mr White dismissed the claimant on medical grounds due to his health and loss of PCV licence.
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Appeal meeting
Mrs Hannan upheld the dismissal decision after an appeal meeting.
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PCV licence reinstated
The claimant's PCV licence was reinstated, making him legally able to drive buses again.
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Remedy hearing
The tribunal ordered reinstatement of the claimant to his previous role as bus driver with effect from 1 July 2022.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the bus driver on capability grounds after his PCV licence was revoked due to a stroke, and whether the claimant was a disabled person under the Equality Act 2010.
The outcome
The tribunal found the dismissal unfair, but rejected the disability discrimination claims as the claimant was not a disabled person. The claimant was reinstated to his role as a bus driver with effect from 1 July 2022.
- Unfair dismissal claim succeeded.
- No compensation awarded as the claimant was reinstated.
- Disability discrimination claims dismissed.
Lessons & takeaways
- Employers should fully consider occupational health advice and explore all alternative roles before dismissing on capability grounds.
- A claimant who is not legally disabled cannot bring disability discrimination claims, even if they have a serious medical condition.
- Reinstatement is a possible remedy for unfair dismissal, especially where the employee can return to work after a temporary medical restriction.
- Length of service and the employee's recovery progress are relevant factors in assessing the fairness of a capability dismissal.
This case shows how a capability dismissal can be unfair when an employer fails to properly consider medical evidence and alternative work options. The bus driver had suffered a stroke and lost his PCV licence, but an occupational health report found he was fit for non-driving duties with adjustments for fatigue. Despite this, the employer dismissed him on medical grounds without adequately exploring alternative roles.
What could have been done differently
The employer could have waited for the claimant's medical recovery and licence reinstatement, or found temporary non-driving work. The dismissing officer also misrepresented the occupational health report, stating the claimant 'suffers with fatigue very easily' when the report was more nuanced. A fair process would have involved a more careful assessment of the claimant's capabilities and a genuine search for suitable alternative employment.
Why this matters
The case highlights that even when an employee cannot perform their core role temporarily, a dismissal may be unfair if the employer does not consider adjustments or alternative work. The tribunal ordered reinstatement, showing that returning to work can be a viable remedy when the employee's health improves. However, the claimant's failure to establish disability status under the Equality Act meant his discrimination claims failed, underscoring the high threshold for disability protection.
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