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Zollover driver loses unfair dismissal claim
Page 18
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DRIVER WHOSE truck overturned has ist a compensation claim for unf-tir dismissal. John Snell,of Westfield Close. Stratford-uponNon, was based at Biffa Waste's Stratford depot hen his 26-tonner overturned near Southam, larks, Birmingham Employment Tribunal was ild.He escaped with a shoulder injury.
Snell,who has 36 years of driving experience, )ld thc Tribunal that the accident happened as e braked to avoid a carelessly driven vehicle. [is truck hit the kerb, ran over two road signs and ended up on its side on a grass verge.
He was dismissed by Biffa Waste for gross negligence after the firm alleged that his tacho chart showed he was doing 47.5mph in a 40mph zone at the time of the accident.
Tachograph expert Mike Clitheroe told the Tribunal that tachographs were not always reliable where speed indications were concerned and the 47.5mph reading could have been due to the engine revving after the impact.
Tribunal chairman Richard Powell said Clitheroe was a reliable witness and agreed that the tacho evidence had played a key part in the case. He described Snell as a credible and honest witness whose evidence had been consistent.
Powell said it had been unusual for Biffa to allow the same staff member who carried out the accident investigation to conduct the disciplinary hearing that led to Snell's dismissal.
But he concluded that the firm's response had been reasonable and rejected Snell's claim for unfair dismissal.