Vaniess nights lead to redress for driver
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30MPANY which withdrew permission for a driver to take his van me overnight committed a fundamental breach of the driver's ntract of employment ruled a Manchester industrial tribunal last
3ek.
The tribunal held that the iver concerned, Charles Shaw, d legitimately resigned his ,st with A. Mathews (Salford) J and held that he had been onstructively dismissed."
In evidence Mr Shaw said he d worked for 11 years and had vays been allowed to use his n to travel to and from work. Three years ago that perrnis)n was withdrawn and he handed in his notice. A few days later, however, he withdrew his notice after service manager Mr Rothschild had indicated that he could continue to take the van home.
At the end of 1980, though, he was told that one of the six vans was being sold and he could no longer take one home at night.
Mr Shaw again handed in his notice and left as he felt previous promises had been broken. When the company had been taken over some six years ago he had been told that the the privileges of all employees would be safeguarded.
For the company it was argued that the use of the van was not a contractual right and it could be withdrawn by the company at any time. Mr Shaw, it was claimed, was not in a senior position and so, of all the employees allowed to take vans home, it was resonable that he should lose that right.
The Tribunal said it was in the company's interest to allow employees to take vans home because there were no overnight parking facilities at its premises.
The Tribunal found that the use of the van was a valuable right as far as Mr Shaw was concerned. In the course of time there was no doubt that it had become a contractual right just as much as his level of pay, said the Tribunal.
The case was adjourned pending an agreement for compensation.