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Law and orders

9th September 2004
Page 34
Page 34, 9th September 2004 — Law and orders
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Which of the following most accurately describes the problem?

My boyfriend noticed that the other driver who uses his truck had left his tacho sheets in the cab. When he reported this to his employer he was ordered to return them to the depot when he finished his run. However, that would have put him over his legal hours so he refused and was then sacked. What are his legal rights as an employee?

Name and address supplied Co Durham An employer cannot force an employee to carry out an act which would be a criminal offence. If your boyfriend was out of hours and could not lawfully return to the depot the employer cannot sack him fairly. In effect, if the above facts are correct your boyfriend has been unfairly dismissed.

It is a different situation if he refused to return the charts before properly establishing if he would be out of his hours. If your boyfriend didn't properly establish that he could not lawfully drive backto base he may have refused a reasonable request to return to the depot. In those circumstances the employer could consider his conduct under the usual disciplinary procedures to decide if that conduct warranted dismissal. Your boyfriend would have to show, by reference to the tacho, that he was justified in not returning to the depot.

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Locations: Durham

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