Dismissal claim lost, but wages paid out
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AN HGV DRIVING assessor has lost an unfair dismissal claim, but has been awarded /473 in unpaid wages after being sacked for not doing his job.
His employer. DHW Services of Uttoxeter, Staffs, alleged that an investigator it had hired found Philip Armstrong in a pub when he should have been working.
A Birmingham employment tribunal heard that Armstrong was dismissed for gross misconduct.
Philip Whetton, director of the HGV training and driver assessment firm, told the tribunal that Armstrong was in the pub during working hours. Whetton also said there had been mileage discrepancies on Armstrong's vehicle, and that he had created a huge backlog of work.
Asked by a tribunal member why no tracking device was used on Armstrong's unit, Whetton replied, "I wish we had fitted one."
Armstrong said be worked from his Harwich, Essex, home and travelled to various parts of the UK to carry out work. He said he was off the day in question and had complained about a lack of work. The firm had been hit by the recession and had cut staff The tribunal rejected the claim for breach of contract, but awarded Armstrong £473 in unpaid wages