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Union acted against Myers'. court claim
Page 19
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DMPLAINTS made that the Sutton and Son (St Helens) Ltd, tbsidiary, Thomas Fleet and Sons Ltd, had not complied with Le terms of the Employment Protection Act, when the cominy's drivers were made redundant (Commercial Motor, June 8 id 22), were made at Sutton's behest in an effort to avoid aims of unfair dismissal by an official of the United Road -ansport Union before an Industrial Tribunal.
This was alleged by Trans)rt and General Workers nion official, John Stevenn, when seven of the drivers night compensation for uniir dismissal, before the tverpool Industrial Tribunal St week. Giving judgment on the URTU complaint, the earlier Tribunal held that the company had acted fairly as it had been forced to act quickly by events, as there was not time to comply with all the provisions of the Act. But Mr Stevenson maintained that the evidence given at that hearing, which was agreed by the URTU, was untrue.
Suttons had claimed that the company was not viable, but Mr Stevenson said that had been used as an excuse to close down Fleet's at the time of the drivers' strike in January, because the men had left the URTU and joined the TGWU. '
Tribunal chairman Phillip Hayward commented that an employer could close down his business at any time he so wished and the Tribunal was not entitled to seek the reasons behind such a decision.
Sutton's personnel manager Alan McGovern said there had been no choice but to close the company down in view of the financial situation it found itself in. Selective redundancy could be unfair, but in this case there had been no selection — the whole of the workforce was made redundant.
Rodney Carricker, the shop steward of the drivers at the time, said he found it hard to believe that a multi-million pound company like Suttons had to be in such a hurry to close down Fleet's that they were unable to follow the proper procedure.
Driver Terrence Hunter, of Widnes, denied allegations made before the previous Tribunal that he had made threats that the depot vvould be burnt down and acts of vandalism committed if the drivers did not get a satisfactory settlement.
Mr McGovern argued that although the Code of Practice suggested that an offer of suitable alternative employment be made in cases of redundancy where possible, there was no statutory requirement on an employer to do so.
The Tribunal reserved judgment and is to announce it in writing at a later date.