Wrong dismissal order
Page 15
If you've noticed an error in this article please click here to report it so we can fix it.
• Driver Malcohn Shuttleworth was unfairly made redundant by Firth Distrib ution—but a Manchester Industrial Tribunal has decided not to award him any compensation.
Shuttleworth was axed from the company after a contract which accounted for 75% of the firm's business came to an end. A Class 111 driver with 14 years' continuous service, Shuttleworth was the firm's longest-serving driver, and making him redundant broke the firm's union agreement of "last in, first out", said the court.
In March 1992, 16 drivers were employed, eight of whom held Class 1 licences. The firm wanted to make 10 drivers redundant and decided to retain the best six Class I drivers and dismiss the remainder.
The Tribunal said that Shuttleworth was informed on 10 March that he was being made redundant three days later. Though it ac
cepted the cornMaking him party tried to find him alterred u ndant broke native employthe firm's union
meat, it was felt
that a reasonagreement of 'last able employer m, first out'
would have
made further enquiries—especially as there was no evidence why the matter was so urgent that it had to be resolved in five days.
The tribunal could not find any special reasons why the company had departed from its agreement with the union.
On 16 March three of the remaining six drivers were also made redundant and it was accepted that had Shuttleworth been retained, he would have been made redundant at that time. He had been paid a total of £5,728 in redundancy and pay in lieu of notice. The company also made a .C1,731 ex gratia payment—and the tribunal decided to waive compensation in this case.