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'No' to constructive dismissal claim
Page 28
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• A Manchester industrial tribunal has rejected claims by lorry driver Roger Carter that he was "constructively" dismissed, in other words forced to resign by the actions of his former employer, G A Transport, trading as Aliens Transport.
The tribunal was told that towards the end of last November the company was in financial trouble. A decision was taken to opt out of general haulage work. That involved redundancies and volunteers were asked for. Carter, who had always worked days though the company did have the right to require him to work nights, did not volunteer.
6 6
Work on a contract with Kellogg became available for the remaining drivers. Two of those jobs involved night driving and Carter was allocated to night work. He did not like working nights and in January went to see his manager, saying that he was not happy.
Carter enquired about the possibility of voluntary redundancy but was told that the company had all the volunteers it required. The following day he handed in his notice.
Rejecting Carter's claims, the tribunal said that the requirement for Carter to work nights was within the terms and conditions of his employment. There had been no breach of his contract of employment.