Disqualifie( from work
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REJECTING a claim for compen sation for unfair dismissal b. driver/warehouseman G. A Reavley, a Birmingham Indust rial Tribunal said that his disrnis sal followed a six-months disqualification under the tot ting-up provisions.
Mr Reavley, a former em ployee of PBDS (National Car riers) Ltd, had been convicted o driving without due care and at tention after an accident in hi: lorry, but considered he was no to blame.
He was dismissed because ht could not continue working as t driver, but Mr Reavley argue( that he was a warehouseman a: well and the company coulc have employed him on ware house work only until hit disqualification ended.
To have retained Mr Reavley i would have been necessary fo the company either to increasE the workforce by recruitiN another driver or to have put onE of two foremen on driving wonl when no other driver was spare However, the Tribunal helc that the company were under nc obligation to adopt what woulc in effect be emergency arrange. ments for as long as six months to keep Mr Reavley's job open The company was entitled to sa) that as he could not do the worl for which he was primarily ern ployed for six months, he shoulc be replaced.