Recovery costs are ruled unlawful
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An attempt by RH Stevens (Containers) to deduct the cost of recovering a vehicle from a former driver's wages was unlawful, ruled a Manchester industrial tribunal.
The Macclesfield-based company wrote to the tribunal admitting it owed Stephen Burnett two weeks wages totalling £383.55, but maintained Burnett owed it £577.30 to cover the cost of fetching his tractive unit and trailer from where he had left them.
Burnett told the tribunal he had been delayed in Whitehaven. He telephoned RH Stevens and was told to deliver the load to Port Sunlight.
When he complained that his permitted hours would run out, he was told to make the delivery that night or be sacked. When he said that he did not intend to deliver the load that night, a director told him to bring the lorry back to the yard.
He drove back to Northwich, left the trailer in a lorry park and took the unit home. Early next morning the unit was moved from his house by a Stevens' employee and he took it that he had been dismissed.
The tribunal rejected Bur nett's claim for unfair dismissal saying they were not satisfied there had been a dismissal.
However, the industrial tribunal directed RH Stevens to pay Burnett £619.55