Ex-Honda worker in health dispute

8:00am Tuesday 12th August 2008

A FORMER Honda employee claims he has been discriminated against because of his health problems.

Malcolm Cook, 51, of Drove Road, is claiming disability discrimination and constructive dismissal against the South Marston-based plant.

He gave evidence at an employment tribunal in Bristol yesterday.

The dispute focused on whether Mr Cook was fit to return to certain duties after he went on long-term sick leave for a back problem.

Mr Cook was diagnosed with cancer in February 2005 and returned from long-term sick leave in August the same year.

On his return he was placed on lighter duties in vehicle quality where he carried out transfer driving – driving cars from one plant to another.

However, in November 2006 he was transferred to another role within the same department where he had to conduct checks on cars.

Mr Cook claimed the new role was much more physically demanding because it involved dealing with more cars, stooping and bending and if the car had a fault he would have to push it a short distance.

Mr Cook raised the issue with his union and was subsequently assessed by the company’s physiotherapist who he claims intimated that if he wasn’t fit with one role, he couldn’t do the other.

“It was not so much how she said it,” he said. “It was the fact that I couldn’t carry on working. I wasn’t saying I was not prepared to do it, I couldn’t do it.”

He said he went on sick leave because he believed he could not cope with the new role.

In the following months he was seen by Honda’s occupational health department and independent and company doctors and said he was keen to return to his transfer driving role.

However, Honda solicitor Jasvir Kaur questioned whether he was really fit for either role.

She disputed one doctor’s recommendations that he should go back to the less physical role, but presiding judge Clive Toomer dismissed this suggestion and said the doctor’s advice was clear.

Mr Cook’s problems were so severe that an assessment in August last year showed he couldn’t touch his toes.

“Clearly when you look at this you still were not fit to carry out any physical role,” she said.

He responded: “Not on the drive off role no.”

Mr Cook was diagnosed with a disc prolapse, but Miss Kaur claimed there were suggestions in some assessments that part of Mr Cook’s problem was also psychological.

Mr Cook subsequently resigned from the company in February 2008 after a period where he only worked three weeks in a year and claims Honda obstructed his return to the lighter role.

• The tribunal continues.