Royal Mail postman wins unfair dismissal claim over 'heap of s***' van causing back pain

[TrueBlueTerrier]

https://www.mirror.co.uk/news/uk-news/r ... r-24209864

Royal Mail postman wins unfair dismissal claim over 'heap of s***' van causing back pain

A postman whose "heap of s***" replacement van left him with excruciating back pain has won an unfair dismissal claim.

Frustrated Royal Mail employee Andrew Walne was forced to abandon his round after being saddled with the unsuitable Peugeot Bipper.

Following an accident in 2004 the 61-year-old required a specially fitted vehicle but in June 2018 when it needed repairing he took out a Vauxhall Combo and then, when he started experiencing pain, was given the Bipper.

The veteran postie immediately complained, telling bosses they were "having a laugh at his expense" and after quitting his shift in desperation was left in so much pain he could not get up the stairs to bed, a Cambridge employment tribunal heard.

Shortly after he went on sick leave before resigning.

Now, Mr Walne, who lives in Framlingham, Suffolk, and has worked as a postman for 31 years, is in line for compensation after a judge ruled "it would have been a very simple matter" for the Royal Mail to provide an appropriate vehicle.

The tribunal heard Mr Walne suffers from spinal issues caused by long-term use of Royal Mail vans and as a result drove a Peugeot Partner due to its back support.

After initially taking out the Vauxhall Combo he messaged manager John McConnell saying: "I intended to clear it [the mail], but this Combo is killing my back so I won't be in it a minute longer than I have to."

The following day he was presented with the Bipper and immediately complained only to be told he was told he was 'stuck' with the vehicle by a colleague.

Shortly into his round he again messaged Mr McConnell and another boss, Colin England: "John, Colin, you are both having a laugh at my expense - call me when you find a van that is driveable and I'll finish the round, until then this heap of s*** is outside the Post Office."

Married Mr Walne was tearful as recounted to the court how using the van left him in so much agony he could not use the stairs at home.

Judge Roger Tynan ruled that Mr Walne was constructively unfairly dismissed and that Royal Mail breached its duty by failing to provide a suitable replacement van.

Judge Tynan said: "In our judgement, it would have been a very simple matter for a replacement Peugeot Partner or other suitable vehicle to have been found for Mr Walne.

"With fairly minimal effort a vehicle swap or the provision of a replacement Peugeot Partner or other suitable vehicle could reasonably have been arranged... and that the Royal Mail's failure to do so was in breach of its Section 21 duty to make adjustments."


While Mr McConnell and Mr England were unaware of Mr Walne's back problems in June 2018, Judge Tynan said the Royal Mail still had notice of his issues.

Judge Tynan said: "It was documented in 2004 that Mr Walne's back condition necessitated the provision of a suitable vehicle.

"In our judgement, the Royal Mail continued to be under a duty in 2018 to make reasonable adjustments for Mr Walne, namely by the provision of a vehicle with a height and tilt adjustment mechanism for the driving seat and rake/reach adjustment for the steering wheel seating."

The judge said the grievance process was also flawed as Mr McConnell breached Mr Walne's trust with 'inexplicable and unjustified' escalations of meetings.

Grandfather Mr Walne, who runs a clay pigeon shooting business, said: "I knew at the time they had done me wrong.

"I was in a lot of pain. I left work and was in this situation where I didn't know what the hell to do."

"I'm not elated to have won [the tribunal], but I do now feel vindicated."

A hearing will now take place to determine compensation. Mr Walne's allegations of disability discrimination were dismissed.

[2yearpostie]

Cant drive a certain van due to back pain, but can go clay pigeon shooting??????????

[dohnut]

Just because he can stand up and shoot a gun, doesn’t mean he hasn’t got problems driving a van, I have had back problems that have gotten worse this last year because of all the driving I do, the constant getting in and out of van, and then doing a walk management couldn’t care less, this job has got a lot worse for drivers and a lot easier for Walker.

[ted_e_bear]

Cant drive a certain van due to back pain, but can go clay pigeon shooting??????????

Err it says he runs a clay pigeon shooting business, not he goes shooting, whether that causes back pain or not I've no idea but presumably he could also run a weightlifting business which equally wouldn't affect his back as long as he didn't lift the weights himself !

[Acca Dacca]

Cant drive a certain van due to back pain, but can go clay pigeon shooting??????????

Anyone who reads this article and this is the first comment they feel the need to make is worth the watching

[aiden01]

Cant drive a certain van due to back pain, but can go clay pigeon shooting??????????

Do you read posts before you reply??

[TrueBlueTerrier]

Cant drive a certain van due to back pain, but can go clay pigeon shooting??????????

I am so glad that we have in our presence a back specialist. I wonder though which area you specialise in perhaps you are a medical doctor, or a chiropractor, or doctor of osteopathic medicine, perhaps you are a Physiatrist. Or perhaps you have expertise in other fields such as Neurology, or Rheumatology.

[2yearpostie]

Really? The difference in height between a bipper and a partner isnt really that big, A combo and a partner yes id agree theres a difference.

[Woody Guthrie]

Really? The difference in height between a bipper and a partner isnt really that big, A combo and a partner yes id agree theres a difference.

I you had bothered to read the article and knew what you were talking about the issue wasn't with the height but the lack of seat adjustment in a bipper.

The seats in a Bipper are pretty much up against the bulkhead, basically you cram yourself in and wherever you land is your driving position for the day.

[2yearpostie]

Really? The difference in height between a bipper and a partner isnt really that big, A combo and a partner yes id agree theres a difference.

I you had bothered to read the article and knew what you were talking about the issue wasn't with the height but the lack of seat adjustment in a bipper.

The seats in a Bipper are pretty much up against the bulkhead, basically you cram yourself in and wherever you land is your driving position for the day.

I find that in all vans, especially Transits.

[Dorset Plodder]

I really feel for the taller posties. I've known several that have left the Business with back problems due to crap vans.

My Van (Partner) went in for a service the other day and I had the Reserve Combo. I'm only a short arse but it was like trying to drag myself up out of a hole everytime I got out. I'd forgotten how bad the Combos were. Especially if you've parked against the curb!

When we all had combos I didn't suffer from Bad Ache (probably because I'm a short arse) but used to get lots of groin strains from doing the splits to get out. I used end up getting out like the Queen .... both knees together and swivel on the seat Big improvement now we've got Vans instead of basically Cars.

[Coffee lover]

Well done him, there could be more to come the state of the vans