Tribunal refuses review
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• A Birmingham industrial tribunal has refused to review its decision awarding £831 for unfair dismissal to driver Leslie Jay, and has ordered Lichfield-based B R Wharton (Transport) to pay Jay a further £120.75 to cover his legal costs.
The tribunal had concluded that Jay had been unfairly dismissed, allegedly for refusing to exceed the drivers' hours limits. (CM 26 October-1 November).
Whorton did not appear before the tribunal to support its application for a review: in a letter it said it was "not prepared to waste our time and that of the tribunal in a nonexistent case". Whorton had maintained that Jay's employ
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been transferred to the associated J Forbes Transport in November 1987, and that when he was sacked in May 1989 he had less than the required continuous service to make a claim for unfair dismissal.
In seeking its review, the company said the tribunal had failed to recognise the independence of the two firms, claiming that the fact that Whorton had a financial interest and managed both firms was irrelevant, and that Jay's dismissal letter had accidently been typed on the wrong headed notepaper. On the day in question Jay's function had been that of instructor, making him exempt from the hours regulations, it claimed.
The tribunal felt the company had acted unreasonably in the conduct of the proceedings. Not only had Jay been put to considerable trouble, but public expense had been incurred because of Whorton's conduct. It cost the state £500 a day for an industrial tribunal to sit. That caused it concern, but it had no power to direct that Whorton pay those costs.