Driver used van for his own purposes
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A MANCHESTER operator was within its rights to insist that a driver should park his van at an outside depot. Manchester Industrial Tribunal heard that Lomas and Baynes was annoyed when driver James Keehan used his vehicle for his own purposes.
Mr Keehan had claimed compensation for unfair dismissal after the company had told him that if he disobeyed instructions, he could regard his employment as being at an end.
The Tribunal was told that Mr Keehan drove a 30cwt van, delivering goods throughout the North-west. He had a good driving record and the company had not wanted to lose him.
It was customary for drivers to take their vehicles home at night and over the weekend, but there had been problems through Mr Keehan using the van at weekends for his own purposes—contrary to the company's rule.
But the company decided to adopt a more lenient course. Mr Keehan was instructed to park his vehicle at the company's Levenshulme depot over the weekend — chosen because Mr Keehan's home base at Stretford was sometimes vandalised.
On the first weekend Mr Keehan obeyed the instructions, but on the second weekend he failed to pick up his vehicle from Levenshulme, reporting to Stretford for work instead. He was asked to collect the vehicle but he refused, and did no work that day.
The Tribunal was satisfied that it would not have been any greater hardship for Mr Keehan to travel to Levenshulme rather than Stretford.
It could not find any conduct on the part of the company that could be regarded as a significant breach of the contract of employment.