Bad weather clears for driver
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• A driver sacked by Ex
AA press Light Haul
age, after he re fused to take a vehicle out because weather conditions were too dangerous, has been awarded £2,225 compensation for unfair dismissal, by a Hull industrial tribunal. However, the tribunal assessed Ken Berry was 50% to blame.
The tribunal said Express was a small family firm with six vehicles. On 26 February the -police had issued warnings to drivers not to go out on the road unless it was absolutely necessary because of poor conditions. Berry was due to deliver a load of light freezer panels to St Neots, and because of the weather conditions, the firm had arranged with the customer to reduce the height by about four feet, making two trips to complete the delivery instead of one.
Berry eventually decided not to take the vehicle out as it was unsafe and was told by a director to go home. Another driver took the load to St Neots without mishap and said that he did not find it unduly dangerous. Berry turned up for work the following morning only to discover that he had been sacked.
The tribunal said the dismissal procedure in this case had been abysmal, even allowing for the fact this was a small firm. The whole thing was over in a very short time. Discussion was minimal. There was no written contract of employ-. ment, previous warnings had not been given in writing and Berry had no chance to be represented at the final meeting and he was not given any reasons for his dismissal.