1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 
Appeal drags on
Page 11
If you've noticed an error in this article please click here to report it so we can fix it.
WINCANTON has failed in its bid to the employment appeal tribunal to overturn an award of £22,565 to a former HGV driver for being unfairly sacked.
But now Wincanton plans to re-lodge the appeal to the highest court in Scotland, the Court of Session. If the company loses, the case could cost it £40,000.
Ian Whiteford was awarded the money by an employment tribunal in January this year. although the tribunal found him 50% to blame.
The case arose after Whiteford. 48, was caught on camera carrying bunches of flowers and boxes of balloons from his florist shop while off on sick leave from Wincanton with a neck injury.
Whiteford had previously fractured his spine in a car accident and argued that carrying light items was not the same as driving a lorry and may have aided his recovery. He had 21 years of service.
The original tribunal agreed his dismissal was unfair but said he should have obeyed his employer's wishes not to carry anything, even though he had medical advice which said that some activity might help recovery.
The employment appeal tribunal agreed with the original decision but criticised the first tribunal for taking so long to issue its decision.