Driver wins compensation
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• Aboynebased haulier Adam B Middler has been ordered to pay £2,275 compensation for unfair dismissal to a driver he sacked because of his accident record.
An Aberdeen industrial tribunal heard that Middler had employed Alexander Sutherland since 1977. He found no fault with Sutherland until approximately two years ago, when he was involved in an accident which was not his fault. He had since been involved in a further four accidents, and in each case Sutherland was said not to have been to blame.
Middler said that he had given Sutherland a severe verbal reprimand after the first accident and again after the last one. Because of Sutherland's accident record, his insurers would only cover him on a third party, fire and theft basis. Consequently, he had decided to dismiss Sutherland.
Sutherland denied he had been given any verbal reprimands, and Middler admitted that no formal warning was given to him.
The tribunal said that after Middler had purported to dismiss Sutherland, he had asked him to undertake two further journeys.
The dismissal had been manifestly unfair said the tribunal. There had been no procedure of any kind adopted. Middler had not verified the position with his insurance company or sought alternative cover sources.
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