Compensation Driver wins tie appeal
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for sacking
• A driver sacked by Carlisle-based W Keith & Son for using threatening language over the telephone to a company director, has been awarded £248 compensation for unfair dismissal by a Carlisle industrial tribunal.
The tribunal said P E Bushell was unfairly sacked because he was given notice over the telephone without a disciplinary hearing. It also felt dismissal was too severe for the crime and would not have been used by a reasonable employer.
Nevertheless, the tribunal felt Bushell had contributed partly to his own dismissal. It also took into account that the company had been prepared to reinstate Bushell after giving him a written warning and receiving an apology, but he unreasonably refused that offer. • An Edinburgh industrial tribunal has ordered Eastern Scottish Omnibuses to reinstate bus driver J S Thomas and pay him £6,720 compensation after he was sacked for allegedly drinking in a pub while showing the company logo on his tie.
The tribunal said the dismissal was unfair because the company had not investigated the case properly.
Two plain-clothed inspectors from Eastern Scottish spotted Thomas drinking in a bar with two other drivers and, although his tie was tucked into his shirt, they said the logo was still visible.
On his return to work he was interviewed by the traffic supervisor. He denied he was showing the logo on the tie and said he had witnesses to prove it, but no steps were taken to investigate his claim and he was sacked.
Traffic officer D R Melrose interviewed the two drivers with Thomas, but not any other witnesses. He refused to allow the union to interview the inspectors and ignored letters from bar staff.
The tribunal accepted the evidence of the other drivers, stating that if the logo had been showing on Thomas' tie, his colleagues would have warned him.
It ruled that Eastern Scottish was in breach of its agreed disciplinary procedure which meant the dismissal was unfair.