Dukes correct over digs
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BouIton's repute over washing on the line
• An operator who drove a vehicle through a neighbouring resident's washing was warned that such actions could affect his good repute, when he appeared before North Eastern Licensing Authority Frederick Whalley at a Leeds public inquiry.
Stanley Boulton, trading as Stan Boulton (Builder), had applied for a new restricted licence for two vehicles with operating centres at Longfield Road, Todmorden, and Lower Green End Farm, Todrnorden. The use of the Longfield Road site was opposed by Calderdale Metropolitan Borough Council and a neighbouring resident, Paul Cunningham.
Calderdale's highway development officer, Peter WiUigoose. said entry to the site was via Longfield Road which had a steep gradient with a bend. The surrounding area was made up of a large council estate and terraced houses with no off-street parking. Enforcement action was being taken by the council for unauthorised development.
Cunningham, who lived next to the entrance of the site, complained about noise, dust and vibration. He said that he had to hang washing across the road which Boulton had driven over. He also alleged that Boulton had threatened to run over his wife.
Boulton said he was operating from the site under interim authority. He did not believe that Cunningham was disturbed by noise: the incident over the washing was in the hands of his solicitors.
Whalley granted a licence for one 7.5-tonner for one year. • A driver who was sacked by Northern Ireland haulier Dukes Transport (Craigavon) for refusing to take a load, on the grounds that he was unable to obtain overnight accommodation, has now lost his claim against the company for unfair dismissal.
A Stranraer industrial tribunal was told that Derek Whorlow had been detailed to take a vehicle to the Cheltenham area, where another driver would take it on to Plymouth, returning it to Cheltenham for Whorlow to drive back to Stranraer.
It was a regular run with two vehicles leaving at approximately the same time for Cheltenham. Whorlow requested that he be given a vehicle with two bunks, but was told that none was available. Later that day Whorlow telephoned to say that there was no accommodation in Cheltenham, but was told that it was up to him to find it.
When Whorlow arrived at the depot he asked the depot manager what he was doing about his digs. He was told that he received an overnight alio wance and that it was up to him to arrange his own accommodation. Whorlow said that as he did not have accommodation in the Cheltenham area he would take his vehicle via Crick, Northants, where Dukes had its own overnight accommodation for drivers.
He was told that was out of the question, as it would add about 160km to the journey. Whorlow replied that he was not going to Cheltenham, and he was suspended.
Whorlow said that he had been a long-distance driver for 16 years and had never previously been unable to obtain accommodation.
Questioned by Jonathan Lawton, for Dukes, Whorlow agreed that he had not asked the driver of the other vehicle going to Cheltenham that evening about the accommodation arrangements he might have made.
For Whorlow, it was argued that he had been entitled to take the action that he had in view of the company's failure to respond to his accommodation difficulties.
Holding that Dukes had not acted unreasonably, the tribunal said the effect of Whorlow's last minute refusal involved the company in obtaining a replacement, and inevitably delayed the delivery of the load. Dukes' business was highly competitive and Whorlow's refusal was a serious matter.