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Employer 'cannot afford to pay' driver's compensation
Page 19
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A driver is awarded compensation for unfair dismissal — but his former boss is "barely keeping his head above water". Peter Swingler reports.
A TRUCK DRIVER who had a foot amputated and lost most of his sight only weeks after losing his job was warned by his former boss that he could not afford to pay him compensation of £2,604.
Anthony Marum, who runs JA Marum Transport of Birmingham, told the Birmingham Employment Tribunal that his business had a £15,000 overdraft since losing part of a key contract with Freightliner and that he was barely keeping his head above water".
TheTribunal ordered Marum to pay £2,604 to Peter Gingell, 57, of Bartley Green, Birmingham, after deciding that he had been unfairly dismissed after spending 26 months with the firm.
Marum said Gingell had been laid off last December following the loss of part of the Freightliner contract. Gingell said he believed he had been sacked after receiving his P45.
Gingell's sight had been affected by diabetes, but it was not until 18 January about three weeks after he lost his jobthat he realised he would not pass the eye test in his medical so he would not be allowed to continue driving trucks.
Later his right foot had to he amputated after he contracted a virus while on holiday in Spain which turned his toes black.
Marum denied he had employed another driver in Gingell's place but admitted he issued verbal contracts to drivers.
Tribunal chairman John Algazy accused Marum of breaching the Employment Rights Act by failing to follow the proper disciplinary and dismissal procedure when dismissing Gingell. The award was increased by 10% as a penalty.
Marum said he did not know the employment rules and had found out the hard way. He walked out of the hearing before it officially ended after warning that he could not afford to pay the award.
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