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Exel faces tribunal over dismissal
Page 13
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TRANSPORT GIANT EXEL is facing a compensation claim for constructive dismissal from a former driver and union rep who said he was threatened with disciplinary action after refusing to drive what he said was an unreliable vehicle.
Graham Thompstone of Worcester made his claim at a Birmingham Employment Tribunal. He had resigned from Milton Keynesbased Exel Management Services,a division of Exel.
Thompstone said he was told to drive the vehicle to South Wales leaving the firm's Droitwich depot late in the afternoon, despite a local agreement thatIong runs would not start after 4pm.
He also refused to drive the truck because, he said it had a record of breakdowns. The tribunal heard Thompstone was threatened with disciplinary action.
Appearing for 'Thompstone, Anthony Johnston said that the agreed deadline for leaving for South Wales was 4prp, adding: "He had been asked to drive a vehicle which should not be on the road and there was concern about safety. If the vehicle had been in good working order he would have gone."
Alex Bertolis is acting for Exel, which con tests Thompstone's claim. He argued the agreed deadline for such journeys was 6pm and the firm agreed to swap the vehicle.
"If Thompstone felt so serious about the matter why didn't he resign immediately after the incident?He also pointed out that Thompstone failed to raise the issue at a union meeting a few days later.
The decision was deferred.