The winning performance
Stephen Winning was an employee of Scottish Opera Ltd as a technician/driver and part of his job involved driving vehicles requiring an HGV licence.
On 1 September 2007 he suffered a seizure at work and as a result his licence was revoked by DVLA for 10 years. Scottish Opera took the view that he was unable to do his job and invoked its incapacity procedure and gave him notice of dismissal which expired on 30 September. He made an internal appeal but this was rejected.
Mr Winning took the opera house to the Employment Tribunal claiming unfair dismissal and then applied to amend his claim under the Disability Discrimination Act 1995. He claimed his dismissal was the result of a failure to make reasonable adjustments that would have allowed him to remain employed in a role that did not involve driving. Scottish Opera had argued that the claim was debarred as the claimant had not lodged a corresponding grievance but the EAT upheld the original tribunal decision that the grievance procedure did not apply.
Scottish Opera Ltd v Stephen Winning [2010] UKEATS/0047/09 9 June 2010
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