Driver's milk

18th October 1980, Page 22

18th October 1980

Page 22

Page 22, 18th October 1980 — Driver's milk

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Keywords : Unfair Dismissal, Truck Driver, Embezzlement, Law / Crime, Labor

A LANCASHIRE lorry driver has won an unfair dismissal claim, after a Manchester Industrial Tribunal heard his employer had failed to follow agreed disciplinary procedure.

Driver Alan Muir McPhail was appealing against his dismissal by the North-east Lancashire Cooperative Dairy Association, following alleged irregularities on milk deliveries to London.

A driver/foreman at the London depot was paid £5 so that the Co-op van could obtain preferential treatment at the depot. Mr McPhail claimed this on his expense sheet, but his employer maintained that he was dismissed because he had not passed the money on to the driver/foreman.

While discussing another matter, Mr McPhail's sales and distribution manager learned that the money was often late in being paid, and hadn't been paid that week.

Mr McPhail said he had no change at the time, and that he would pay the foreman next week. The manager told him this would not do and dismissed him on the spot.

The Tribunal was told that, as far as the manager was con cerned, the conversion was fraudulent. However, he did not carry out an investigation, and though he said he had heard about the ACAS code of practice, he said he knew nothing about It.

A union/management agreement said summary dismissal was justified for embezzlement

Driver's milk

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