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Driver wins bridge sacking

3rd February 1994
Page 18
Page 18, 3rd February 1994 — Driver wins bridge sacking
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Which of the following most accurately describes the problem?

• ASJ Freight Forwarding has been ordered to pay £4,987 compensation to a driver dismissed after a bridgebashing incident.

A Birmingham Industrial Tribunal said that the company specialised in the transportation of generators and other large pieces of equipment requiring crane-mounted vehicles. In June last year, William Chamberlain collided with a bridge while driving a lorry loaded with a generator. At least one of the lifting eyes of the generator cradle sheered off, another was bent and the cradle distorted.

Chamberlain was told to take the load back to the company's yard, where the cradle was repaired with sufficient success to conceal what had happened from the customer. Chamberlain was told to make the delivery and keep his mouth shut.

After a little delay, the customer discovered what had happened and the insurers became involved. On 6 July, completely out of the blue, a letter of dismissal was delivered to Chamberlain's house.

A director of the company, Mr AH Tonge, said he had decided to sack Chamberlain after the company's insurance broker had said he might be regarded as an unacceptable risk in the future.

The Tribunal said it was unfair to claim that Chamberlain's dismissal was justified because of an unofficial conversation with an insurance broker.

The way the dismissal was carried out also left everything to be desired, said the Tribunal. No reasonable employer would have acted in that way. There had not been the slightest attempt by the company to investigate the accident, only to conceal it.


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