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Driver wins no speeding case

13th January 2000
Page 16
Page 16, 13th January 2000 — Driver wins no speeding case
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• A truck driver is to get compensation after being sacked for driving too slowly John Metcalfe, who claimed he lost his job for refusing to put his life at risk by speeding, has won his claim for unfair dismissal.

An employment tribunal heard his case in Carlisle last month and has ruled in his favour in a judgement just given in writing. He is now entitled to compensation from his ex-employer, L&W Wilson (Endmoor) of Kendal, but a further hearing will have to be held unless he and the company can reach an agreement on how much money he should get.

Metcalfe, who lives in Ulverston, South Cumbria, said company director David Wilson sacked him in June after he said it was impossible to complete the four required trips from Penrith to Nenthead, near Alston, and back without consistently breaking the speed limits.

wYou had to drive like an idiot. I was not prepared to risk my licence and my life," he told the tribunal.

He explained that to do all four journeys he would have needed to drive at up to 55mph on roads with 40mph or 30mph limits.

"It was absolutely impossible to complete the job within the time allowed without speeding," he said.

Wilson always denied sacking Metcalfe. He said he had walked out after being told he could be transferred to other work in the haulage yard if he fait unable to complete the Alston job.

Asked at the tribunal if he encouraged his drivers to drive at excessive speeds, he replied: "Certainly not."

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Locations: Ulverston