Night out not out
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• Mitchell Cotts was wrong to sack lorry driver Ronald Tucker because of his "dodgy nights out" in a northern night spot, an industrial tribunal ruled last week.
Tucker, of Hucclecote, Gloucester, was awarded £8,471 compensation after the Gloucester tribunal ruled he was unfairly dismissed by Mitchell Cotts Transport.
Tribunal chairman Robert Clarkson said it was clear the real reason for Tucker's sacking was that he wanted to enjoy the nightlife of Nelson, Lancs.
The firm was keen to cut costs and wanted to stop what were known as "dodgy nights out" by drivers, said Clarkson.
"These were when the drivers, although they could get back to their depots, artificially kept themselves away and claimed an unnecessary night's lodging.
"Tucker was one of three drivers who were diverting from the most practical routes to include overnight stops at or near Nelson.
"The reason for that was that Nelson had clubs and hospitality and seemed to be a popular place for the drivers to spend their overnight stops."
Clarkson said Tucker's dismissal after 17 years with the company followed three written warnings in quick succession. Two were actually issued on the same day. One of the warnings was because of an unscheduled stop-off, said the chairman.
The others were because Tucker had been involved in a collision with a caravan on the M5, and because one day he exceeded his legal driving time by 36 minutes.
Clarkson said the tribunal found that all three warnings were justified, although the company was wrong to "lump them all together" and sack him less than a fortnight after the last warnings were issued.
"He was given only 12 days to show improvement and that was totally unreasonable for someone who for many years had been allowed to go off route and make these stops," said Clarkson. "The way the company linked this matter with the other two matters was somewhat artificial.
"By lumping them all together with an employee of this calibre and length of service the company did not act reasonably."
Ron Jones, manager of the Gloucester depot of the firm, told the tribunal the company was looking to make a reduction of one in the workforce.
Giving judgment, Clarkson said the tribunal realised the firm relied on ICI for 95% of its business and were anxious to keep the contract and com ply with suggestions made by ICI.
"Towards the end of 1985 business was not good and the company was under pressure from ICI to cut down its operating costs," he said.
"One of the methods by which they thought they could do this was by reducing staff and by saving on dodgy nights out by the drivers."
The tribunal ruled that although 58-year-old Tucker had been unfairly sacked, he was 30% at fault Therefore his total award of 212,102 was reduced by 30% to 28,471.