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Driver, 65, says workload was 'excessive'

9th December 2004
Page 8
Page 8, 9th December 2004 — Driver, 65, says workload was 'excessive'
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A NORTHERN IRISH operator is facing a compensation claim for constructive dismissal from a former driver who says "excessive work hours" forced him to leave.

Ivan Bate,65,made his claim at a Birmingham Employment Tribunal against County Antrim-based Breezemount Transport.

The tribunal was told that Bate had previously worked for GK Transport at the same West Brom wich site and then for another firm, Trailfinder, which took over the company's contract with MFI.

Bate said he had been working from the same site for nearly six years when Trailfinder lost the MFI contract to Breezernount in September last year. "Breezemount operated from the West Bromwich site and my delivery run covered Worcester and Hereford," he said. "But the number of working hours became excessive.

"Some days I was working 14 hours which was too much for a man of my age.

"Things came to a head last November. I had returned to the depot after an 11-hour day to be told to load a vehicle. I was exhausted and simply incapable of doing it. I had a verbal confrontation with my boss, refused to load the vehicle and then walked out. "The work expected of me would have taxed a younger man, let alone someone of my age."

The firm opposed Bate's claim and questioned if it was responsible as it had taken over the contract.

However, tribunal chairman John Tayler said the transfer of undertakings issue might have to be considered. He adjourned the hearing to enable more evidence to be presented.


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