Continuity was broken
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• A driver who walked out after a 6 6 dispute over pay, but who later returned to his job, has lost a claim for unfair dismissal. A Dundee industrial tribunal ruled that John Devine of George Freight Services in Perth, had broken the continuity of his employment.
The tribunal was told that Devine had handed a piece of paper requesting a pay rise to director Alastair George, who tore it up. Devine gave George a week's notice.
Two days later some of the company's other drivers asked George to attend a meeting called by Devine to discuss wages and overnight allowances. At the meeting Devine asked for a pay rise.
When George asked the other drivers if they wanted an increase, all but one said they were satisfied with their pay. They also indicated that they had not authorised Devine to speak on their behalf. Devine then said that he could not carry on and that his notice stood. George told him that he did not want him to work his notice and that he would pay him a week's wages in lieu.
The following day, 30 April, Devine registered as unemployed, but on 5 May he asked for his job back. George agreed and Devine returned to work on 7 May. On 26 October he was dismissed.
Devine's notice having expired on 4 May, his resumption of employment on 7 May could only be considered as a new start.
In all the circumstances, the tribunal was satisfied there had been a break in continuity of service and that Devine had insufficient continuous service to make a claim for unfair dismissal.
It adjourned consideration of Devine's claims regarding alleged failures to provide itemised pay statements and an alleged unlawful deduction from his wages until a date to be fixed.