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Rollover driver fights sacking
Page 14
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A DRIVER is seeking compensation for unfair dismissal after denying that excessive speeding made his truck overturn.
John Snell of Stratford-upon-Avon escaped with a shoulder injury after his 26-tonner overturned on a road near Southam, Warks.
Snell told a Birmingham employment tribunal that the accident happened as he braked to avoid a carelessly driven car. He denied exceeding the 40mph limit and said he had been shocked to be sacked by his employer Biffa Waste Services for gross negligence.
Biffa regional manager John Mason said he had investigated the incident and found Snell had been doing 45-50mph on a road with a 40mph limit. The truck was written off with 2100,000 worth of damage," Mason told the tribunal, claiming it
had veered across the road before turning over.
Tachograph expert Mike Clitheroe agreed there was a 47mph recording on the truck's tacho chart, but said this did not necessarily mean the truck was travelling at that speed as the trace could have been affected by the engine revving: "Tachographs aren't so reliable where speed indications are concerned."
During cross-examination the firm suggested that some of Clitheroe's evidence had been based on what Snell had told him.
Snell's legal representative said she was surprised that the firm had carried out its own assessment of the tachograph instead of engaging an independent expert.
The hearing was adjourned until a later date; Snell has yet to give evidence.