Sacked driver compensated
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• A driver sacked by Coatbridge-based MacWilliam Contracts for refusing to make a journey has won £1,995 compensation for unfair dismissal because managing director George MacWilliam did not follow the company's disciplinary procedure.
A'Glasgow industrial tribunal was told that Daniel Paterson had refused to make a local journey after arriving back from a trip to the south of England.
MacWilliam was informed of Paterson's refusal; when he spoke to Paterson he did not ask for an explanation and Paterson did not offer one.
MacWilliam said that Paterson had behaved badly in the past and as a consequence he decided to dismiss him.
In evidence, Paterson said that he was preparing a trailer for the following day when he was asked to collect a load of paper from East Kilbride. He said he was too tired to make the trip.
The tribunal said it was not disputed that Paterson had only driven some 41/2 to five hours that day and that he would not have exceeded the permitted driving hours if he had made the East Kilbride trip. It concluded that the instruction given was not unreasonable.
However, it was clear that MacWilliam had paid no regard to the company's disciplinary procedure.
Paterson was not given any opportunity of explaining or of being accompanied by a fellow employee at the disciplinary interview.
The tribunal had no hesitation in concluding that the company had broken its own disciplinary procedure, and that the dismissal must therefore be unfair. However, it said Paterson was 50% to blame.