Advocacy Current Case Study 1

Man who works as a bus driver for bus company had been forced by employer to work 60 hr weeks since January 2015 up to December 2015. The 60 hr weeks stopped when Fairway’s client collapsed with a seizure resulting in an admission to Accident & Emergency. Fairway’s client had no diagnosis of epilepsy up until the seizure and a single isolated seizure does not constitute a diagnosis of epilepsy. Fairway’s client is adamant that the seizure was brought on by sleep deprivation and stress caused by these 60 hr shifts. Fairway’s client’s G.P. is also of the opinion that this seizure was brought on by sleep deprivation and stress and was not in itself an epileptic seizure. Fairway’s client had been referred to a neurologist who neither diagnosed him with epilepsy nor put him on anti-convulsant medication and is awaiting the outcome of an MRI scan. In response to this seizure the bus company put Fairway’s client on sick leave where he became financially hard up and as a result drove a bus for another bus company. When word got back to his employer that he had driven this bus his employer responded by dismissing him. Fairway’s client, as well as being of the view that his employer induced his seizure is also of the view that he was discriminated under the Equality Act 2010 as his employer should have responded to his seizure by finding an alternative job paying the same income as he was on as a driver within the bus company until he meets DVLA safety criteria to be able to drive a public transport vehicle as opposed to putting him on sick leave as well as sick pay. Fairway’s client is adamant that if his employer had complied with the Equality Act financial circumstances would not have been created for him that caused him to make the decision to drive a bus for another company. Fairway and this client are currently arranging to meet with employer to discuss the Equality Act 2010 and help client and employer mediate towards a resolution.