Carrier loses in dismissal case
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by Sally Nash • Former United Carriers employee Gary Fawcett has won a claim for unfair dismissal—but an industrial tribunal decided he was not entitled to any compensation.
Fawcett, who worked in the warehouse at United Carriers' Leeds depot, was sacked after the company changed its terms, conditions and shift patterns as part of a move away from three-day to next-day traffic.
The tribunal heard that Fawcett had declined to accept the new terms after finding out his shift would end at midnight instead of 22.30hrs. He argued that he would face a two-mile walk home as the buses stop before midnight.
The tribunal agreed that it was unfair dismissal because the three directors involved in the decision failed to consult the Transport & General Workers Union.
But it acknowledged that economic factors had led to the company's reorganisation. For that reason, and because the driver admitted that he would not have accepted the new hours under any circumstances, the tribunal did not award any compensation.
C At the end of February, United Carriers told the T&G that it would be laying off up to 70 drivers nationwide. The union then criticised the company's methods of changing terms, conditions and shift patterns and said the company told workers "to take it or leave it" (CM 26 Feb4 Mar).