Driver wins on redundancy
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A Humbersidebased driver has won a redundancy payout after his employer, D&P Haulage, moved its depot and tailed to offer him suitable alternative employment Although it stated that the Hull operator had not unfairly dismissed driver Brian Tichias when it moved its operating centre, a Hull Employment Tribunal ordered the firm to make the redundancy payment The company maintained it had offered Tichias suitable alternative employment, which he had unreasonably refused.
The Tribunal was told the company had decided to close its Cherry Burton depot and move seven miles to the out
skirts of Hull. It had told Tichias it would be happy to provide him with a taxi from his home on a Monday and take him home on a Friday, or alternatively offer financial remuneration for the inconvenience caused.
Tichias said his driving duties were not always Monday to Friday and he sometimes came back midweek. He was concerned that when he got to the depot he would have to get a taxi, which would put 30 minutes on his journey home.
He would frequently have to get up early in the morning having ordered a taxi the night before, which might not arrive. He was also concerned about getting home as his father-in-law had been terminally ill at the time. it did not warrant him get
ting a motor car and there was no public transport available.
The Tribunal said it was not satisfied the offer of work was "suitable" employment in view of tichias' personal circumstances. It was the same job, the same remuneration, but at a different place of work, when he was employed specifically to work at Cherry Burton.
Even if it was wrong in that, it considered that the company had failed to show Tichias had acted unreasonably in declining the offer. Clearly some employees did go to the new site, but no doubt their personal circumstances warranted it.
Tichias' personal circumstances did not warrant his moving and it was a perfectly reasonable decision for him to take.