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Tribunal rejeds drivers' claim of construdive dismissal
Page 16
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A driver loses a compensation claim after saying his boss's attitude towards him changed following an accident, Peter Swingler reports.
A DRIVER WHO alleged he was bullied and harassed after causing £1,000 worth of damage while unloading his truck has lost a cornpensation claim at the Birmingham EmploymentTribunal.
Dave Tomkinson of Great Wyrley, near Cannock, lost a claim for constructive unfair dismissal and breach of contract against FG Foster Haulage of Bridgetown. Cannock, where he had been employed for mon! than two years. He was awarded £25 in unpaid wages.
Tomkinson said he had a good relationship with his employer until a generator was dropped as he unloaded it with a crane, causing 11,000 worth of damage. He said the crane was faulty and was the subject of a Health and Safety Executive improvement notice.
Mick Hargreaves, who represented Tomkinson at the hearing, alleged the attitude of his boss, Warren Billingham, changed afterthegeneratorincident:"There was a series of premeditated acts against him. He was bullied and harassed.The last straw was when he turned up for work to find there was no lorry for him."
Tomkinson subsequently resigned.
The firm denies Tomkinson was bullied or harassed and reminded the Tribunal he had admitted that his boss was an excellent employer. The company also said the generator accident had not caused Tomkinson to resign, adding that he had been given a final warning following another incident.
Tribunal chairman David Dimbylow said Tomkinson appeared to have lost interest in his job and had told colleagues that he intended to leave. As a result the Tribunal rejected Tomkinson's claim for constructive unfair dismissal and breach of contract.