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Crash driver sacked fairly

1st April 1993, Page 15
1st April 1993
Page 15
Page 15, 1st April 1993 — Crash driver sacked fairly
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Which of the following most accurately describes the problem?

• A lorry driver made redundant after his vehicle was written off in an accident has been held not to have been unfairly dismissed.

A Birmingham Industrial Tribunal also rejected claims by David Mortimer that his employer Ronald Goodwin made unlawful deductions from his wages and failed to give him written terms of employment and wages in lieu of notice.

Mortimer also claimed his employer appointed a new driver to the only unallocated vehicle and made him redundant, instead of allocating the vehicle to him.

But a vehicle was offered to Mortimer and he refused it


because it operated from Huddersfield, and not from Hull where Mortimer lived, which meant that he would not get night-nut allowance.

Mortimer was involved in an accident in which his vehicle was written off. But Goodwin did his best to buy another. He was offered a vehicle for 127,000, which he could not afford without shedding one driver. Before doing so, he offered Mortimer the chance of driving a cheaper vehicle, which he refused.

There was no written contract of employment, or statement of the terms of his employment while Mortimer worked for Goodwin but they were supplied after Mortimer's dismissal.

Mortimer said a holiday pay deduction of £1150 a week had never been explained to him, but he admitted he had not complained about the stoppage during his two-year employment.

The court has no jurisdiction to hear Mortimer's claim for pay in lieu of notice.

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