Hays driver unfairly dismissed
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Hays Specialist Distribution has been ruled to have unfairly dismissed driver Philip Braine. But a Birmingham Industrial Tribunal has decided Braine is not entitled to any compensation. Braine had been sacked after he failed to comply with a reasonable instruction to load a consignment by a traffic office supervisor. This load was for the company's major customer, one of whose employees heard Braine refusing and being critical of the company. Braine was dismissed following a disciplinary hearing. He appealed. The appeal hearing was not conducted in the presence of the person deciding the appeal or with any witnesses for the company, present. In consequence, the appeal hearing was flawed. Such a procedural irregularity made the dismissal unfair. The Tribunal, having regard to Braine's behaviour, concluded that his contributory fault was 100%.