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Compensation for the no-lift driver
Page 21
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COAL HAULIERS J. W. Dobson & Son Limited of Garforth have been ordered to make a E1425 redundancy payment to a driver who was dismissed after the company's takeover by the Bayford Group.
An Industrial Tribunal in Leeds was told that the driver, J. Walton, was the holder of a Class 3 hgv driving licence. In September he was interviewed by Mr Hoyle, the manager of Bayford's solid fuels division, and told he could either work from Leeds, which would require a Class 2 licence, or that he could continue working from Garforth, driving a four-wheeler. The company said they would help him obtain a Class 2 licence. Mention was made that the work from Garforth would include the movement of domestic coal, which Mr Walton could not undertake if it involved bagging coal and carrying sacks as he had an internal complaint. He was told that he would only have to drive the vehicle, but Mr Walton felt this to be unfair, since someone else would have to do all the heavy work.
In October, Mr Walton was dismissed and given a letter from Bayford offering him employment as discussed.
The Tribunal took the view that although there was the possibility of suitable alternative employment, Mr Walton had acted reasonably in refusing it. He telephoned Mr Hoyle to inquire further about the offer, and was told there would be no change in the conditions. He thus concluded that the work would still involve the movement of domestic coal and he had felt that the arrangement would be unworkable.
It was suggested that Mr Walton had never seemed interested in taking up Bayford's offer, possibly because of his health. However the Tribunal said that there was evidence that he had obtained driving work since and was satisfied that, despite his present physical disability, he was willing to work as a diver.