Tribunal rejects claim
Page 22
If you've noticed an error in this article please click here to report it so we can fix it.
• Fertymasters acted reasonably in sacking a driver who it believed had made false claims for wages on the basis of long-distance driving, said a Manchester Industrial Tribunal rejecting a claim for unfair dismissal.
The tribunal was told that the driver concerned, D A Glover, was employed as a "day shunt driver", working on more local runs than the drivers categorised as "day tramp drivers". Each driver was aware of his category, and that the different categories, with their different journeys, duties and pay rates, were within the discretion and prerogative of management. There was a system of self-certification of distance and remuneration by each driver, which was checked at random by head office. It was not for the drivers to choose which kind of driver they would be on any particular day or week. The classification could not be changed at will. Management relied upon the integrity of the drivers.
It was discovered that Glover had claimed the wrong rate in October and November 1988, and had continued to do so for some weeks after being interviewed by the company's regional manager, and while an investigation was being carried out. The total amount claimed was estimated at £340.
The tribunal said it was true that Glover had been a "day tramp" driver on two occasions between 1980 and 1983, but that had been with the clear authority of management. He had also acted as a "day tramp driver" at Easter 1988, when asked to swap duties with another driver.
Merely to put a sleeping bag in his cab, unknown to management, and to claim to be prepared to sleep out if required was not sufficient to make him a "day tramp driver".