Two-foot pedal unfair to driver
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AN ASHBURTON haulage company's bid to overturn a E1,320 unfair dismissal award to a driver who refused to take out a lorry was rejected by a London appeal tribunal.
The award had been made in February by a Plymouth industrial tribunal to Philip Deslandes, 51, of Westabrook Avenue, Ashburton, Devon. It was against his former employers, W. F. Miners and Son.
Mr Deslandes was given his cards after refusing to take out a lorry which he claimed was unroadworthy, even though it had an MoT certificate.
Mr Deslandes claimed the accelerator needed two feet to hold it down and windows would not close properly, making the cab uncomfortable.
The industrial tribunal said the lorry was not roadworthy from the driver's point of view and he had reasonably refused to drive it.
At the Employment Appeal Tribunal the company attacked the industrial tribunal finding. The company said it was nonsense to say that a vehicle that had an MoT certificate could be in such condition that it required two feet to hold down the accelerator.
But EAT President Mr Justice Slynn pointed out that the employer had not attended the Plymouth hearing, submitting only a written defence that they had not dismissed Mr Deslandes.
"The employers can only blame themselves if the tribunal found facts which they now say further evidence might have shown to be wrong," said the judge.
The employers could not now complain of an inadequate investigation by the industrial tribunal and their appeal against the award was dismissed.