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Driver who refused to work on Saturdays loses case

28th February 2008
Page 16
Page 16, 28th February 2008 — Driver who refused to work on Saturdays loses case
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The Employment Tribunal rejects the unfair dismissal claim after hearing that the working time regs were not breached. Peter Swingler reports.

A TRUCK DRIVER has lost a compensation claim for unfair iismissal after objecting to working on Saturdays.

Paul Williams complained .o Birmingham Employment fribunal that he would be :xceeding a 48-hour working week if he did the Saturday shift Or Midland Premier Freight of Zedditch,Worcestershire.

Williams was sacked after he firm complained about his ibjection to Saturday work. He vas also accused of trying to ricourage other truck drivers lot to work on Saturdays — an llegation he denied.

Williams, who had been on six months probation as a driver with the firm, alleged the other drivers were intimidated by the management. and that he was the only driver prepared to speak out.

"They did not want to work on Saturdays and I was not told about the Saturday work during A my interview," he said. "I would have exceeded rw, my driving hours if I had worked on Saturdays. I wouldn't have taken the job if I had been told earlier."

He brought his claim on the grounds that the working time regulations had been breached by the firm. However Midlands Premier Freight denied a breach, and said the drivers did not exceed their hours by working on Saturdays when the average was assessed over a matter of weeks. The company accused Williams of trying to avoid Saturday work by arranging holidays and days off.

Tribunal chairman David Kearsley said Williams' case that the working time regulations had been breached had not been proved, and he rejected the claim of unfair dismissal,

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