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Walk out stay out

22nd November 1986
Page 18
Page 18, 22nd November 1986 — Walk out stay out
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Which of the following most accurately describes the problem?

• A driver who walked out, claiming he had been wrongly accused of stealing diesel fuel, has failed in a claim for compensation for unfair dismissal against John Marshall (Blackpool) before a Liverpool industrial tribunal.

Robert Penfold claimed that he had been constructively dismissed during a heated conversation with the company's director and general manager Peter Howarth after being accused of stealing diesel.

He agreed with Jonathan Lawton for the company that Howarth had asked him to take his vehicle out on a journey and talked to him about the matter again on his return.

Evidence was given by Howarth that there was a difference of two miles per gallon between the consumption figures of Penfold's vehicle in June and July. Penfold was asked to explain. Howarth agreed that the conversation had been heated but denied accusing Penfold of stealing diesel. After Penfold had left the company it was discovered there had been an accidental exchange of fuel key cards between two drivers which had distorted the figures for Penfold's vehicle.

Holding that Penfold had left of his own accord and had not been constructively dismissed, the tribunal said the company had acted on the best information available to it at the time. Its concern was realistic and proper and it was unfortunate that Penfold had acted in the way that he had.


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