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Wincanton settles pain-in-the-neck case
Page 16
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WINCANTON HAS dropped its appeal against an employment appeal award of £22,565 to a former HGV driver for unfair dismissal. The company, which inherited the case when it took over P&O Trans-European, had planned to appeal against the award to Ian Whiteford to the highest court in Scotland, the Court of Session.
But it has now sent a cheque to Whiteford's solicitor, Margaret Gribben. and accepted the tribu nut's judgement. lithe company had gone to the Court of Session and lost it could have faced a bill of around £40.000.
Gribben says:"! found it bizarre that the company thought about appealing again in the first place. If they had done, their tees would have been about three times those of my client."
Whiteford was first awarded the money in January. The case arose after he was caught on camera carrying flowers and balloons from his florist shop while on sick leave with a neck injury.
He argued that carrying light items was not the same as driving a truck.The tribunal agreed that his dismissal was unfair but held him 50% to blame because he should have obeyed his employer's wishes that he did not carry anything. even though he had medical advice saying that some activity might aid recovery.
In September the Employment Appeal Tribunal upheld the original tribunal's decision.