Horbury wins on overnight argument
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• Refusing to allow a driver to take his vehicle home overnight does not amount to a fundamental breach of his contract of employment, entitling him to resign.
This view was taken by a Manchester Industrial Tribunal when they rejected a claim by lorry driver Gerald Gillie that he had been unfairly dismissed by Horbury Freight Services of Northwich, Cheshire, Gillie claimed that he had been dismissed when managing director Roger Fogg told him that if he could not get into the yard by 06.00hrs he need not bother coming in or, alternatively, that he had been "constructively dismissed" — that is, entitled to resign because of the actions that were taken by the company. The tribunal was told that on 6 February Gillie returned from Tilbury and complained about the performance of his vehicle. Fogg conceded that the engine power was low and arrangements were made to have it sorted out when the workload permitted.
When Gillie was told to report by 06.00hrs on the Monday morning to take a load to London he said it was impossible as his car was in for service. Fogg would not allow him to take his vehicle home as he was trying to implement a policy required by the ministry that vehicles should remain at the company's operating centres. The conversation was heated and angry.
On two occasions on the Sunday Fogg telephoned Gillie's home to see if he was corning into work on the Monday, He was told that he would not be. Fogg arranged for another driver to do the London trip and told the transport manager to contact Gillie and make it perfectly clear that he had not been dismissed. Having done so the transport manager reported that it was clear that Gillie was not coming back. When Gil& called in to collect his wages Fogg again attempted to take the heat out of the situation, but Gillie told him there was nothing to talk about.
The tribunal found that Gillie had left the company's employ because he was annoyed when he had not been allowed to take his vehicle home. It was satisfied that no clear words of dismissal were used, and that it had not been Fogg's intention to dismiss him.
Gillie, however, had been obdurate and had no intention of returning.
He left of his own accord said the tribunal, and that amounted to a resignation in law.