We have a driver who is employed as an LGV Class 1 driver. He has worked for us for 18 months.

He had a heart by pass 3 years ago but was declared fit to drive and had a normal licence, renewable every 3 years.

Last year he had two injuries at work to his neck and shoulder – one caused by our negligence, involving a Health and Safety Issue. The other resulted from a fracas in the office, for which another driver was disciplined. He has recently seen a consultant about these injuries in support of his claim against us.

A few weeks ago our driver was returning to the depot when he suffered an attack of pins and needles. An ambulance was called, tests were completed and all readings were normal. However, he was taken to the hospital for further scans. The consultant advised that she thought he had had a small stroke although this was not supported by any test findings. She has recommended that he does not drive LGVs for one year.

He disputes her judgement, and believes that the pins and needles were as a result of his previous accidents. He is trying to obtain a report from the osteo consultant in support of this.

In the meantime he is unable to drive and has asked us to find him alternative employment. We have proposed that he does some fork lift driving but our FLT drivers are expected to do some manual work, which he is reluctant to do due to his previous heart problems and injuries.

He wishes to do FLT work only, or has asked for a move to office work, of which he has no experience.

We have told him that we will have to terminate his employment if he does not accept the proposed role. My questions are:

1) Do we have an obligation to find him some employment which would be suitable for him for the 12 months?

2) Do we have a right to terminate his employment on the basis that he has refused the work we have offered him?

3) If he accepts a different role, are we obliged to continue paying him as an LGV driver, or can we reduce the rate to the jobs he is actually doing?

Many thanks


Helen Brown

Helen Brown