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Noteworthy victory
Page 28
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An employment tribunal has awarded more than E3,000 to a driver who claimed unfair dismissal after he was wrongly branded a casual worker. What does this mean for the industry?
Words: Mike Sherrington The case of a driver who took his employer A Gordon Thompson was to an employment tribunal after he was unfairly dismissed dismissed from AP5 after offers some valuable lessons for the industry — not least in unloading gear at the 02 being able to define the difference between an employee venue for the Spice Girls and a casual worker. labovel reunion tour
In October. the tribunal announced its ruling in favour of the driver, Gordon Thompson.
He had been employed by Acme Production Services (APS), a haulage company that specialised in transporting the equipment of rock and pop bands, for more than 30 months until December 2007. He was available for work 52 weeks a year. Thompson was dismissed by Lance Emery Lovell, managing director of Acme Production Services (APS), for refusing to answer numerous mobile phone calls while transporting equipment for the Spice Girls reunion tour from Manchester to the 02 venue in London.
Casual or not?
The driver's dismissal was instant and took place on 14 December last year, a day that tribunal witness and fellow driver Brian Soloman described as: "Having some of the worst weather conditions of the year with snow and black ice. The weather was so bad we had to divert off the motorway because we were making no progress."
Thompson, who has more than 30 years international driving experience, was dismissed without a hearing immediately after unloading equipment in London. His claim centred on the fact that Lovell alleged he was a casual worker and had no employment rights.
However, Thompson drove a vehicle owned by Lovell, who held the 0-licence for the vehicle; and Thompson also helped run Lovell's office. Tax and National Insurance were deducted at source from Thompson's wages. The hearing at Bedford Employment Tribunal was chaired by employment judge Andrew Hogarth QC.
It began in July and was adjourned until 23 September. On 6 October, the judgement awarded Thompson £3,409.20, including £620 for the employer's failure to provide a statement of terms and conditions based on two weeks' wages.
The tribunal confirmed Thompson's status as an employee, and it also ruled that he was unfairly dismissed, and that no proper procedures had been undertaken.
Lovell, who represented himself at the tribunal, was contacted by CM but refused to comment other than to say that he is considering an appeal because he believes the decision has huge ramifications for his part of the haulage industry
Moving on
Employment tribunal law says that when seeking damages, claimants have to do everything they can to mitigate their losses by finding another job as soon as possible.
Thompson says he has tried but has been hampered by two things. The first, he did not receive a reference from APS, and the second, that he took the case to a tribunal.
-This whole matter has completely destroyed my life. If I get as far as an interview and mention that I took a former employer to a tribunal I am immediately branded as a trouble-maker and my application gets forgotten.
-All I did was fight for my rights against a difficult employer. I am currently signed off on long-term sickness because the whole affair has sent my blood pressure sky high, so, legally, I am unable to drive. I do not know what the future holds for me."
This is a sad outcome for a man who maintains: "the only thing that is casual about me is the way I dress-.
His friend and fellow driver, Brian Soloman, who has more than 30 years international experience, has quit the industry. is