Driver ended employment • A driver who walked out on
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West Midlands haulier S&G Transport after a row over the payment of expenses was not "constructively dismissed"—he was entitled to resign because of the actions of the firm said a Birmingham Industrial Tribunal. It rejected a compensation claim for unfair dismissal from driver Malcolm Munday, deciding that he had voluntarily terminated his own employment.
Munday was paid overnight expenses in arrears, but quite often partner George Guise would personally subsidise the drivers in advance.
On Tuesday 4 February 1992 there was a dispute between Munday and Guise, when Guise had no money to subsidise him. Munday refused to take a load to Scotland. Guise had to hire a lorry for that day and arrange for another driver the next day.
The following Friday Munday was paid. But the next week, Munday found he had not been paid for 5-7 February and spoke to Mrs Guise. After being advised by ACAS that he was entitled to be paid for those days, Mrs Guise said she would arrange it. During a discussion with Guise Munday said he was "jacking it in".
When Munday turned up on the Monday afternoon he was abusive to both Mr and Mrs Guise, saying he was going to take them to an industrial tribunal. Though Guise had been prepared to consider taking Munday back, he regarded that as the finish.