News

Driver loses case for unfair dismissal

25 February 2008

A lorry driver has lost a compensation claim for unfair dismissal after objecting to working on Saturdays. Paul Williams complained to Birmingham Employment Tribunal that he would be exceeding a 48-hour working week if he did the shift for Midland Premier Freight of Redditch, Worcestershire.

Williams was sacked after the firm complained about his objection to Saturday work. He was also accused of trying to encourage other lorry drivers against working on Saturdays - an allegation he denied.  Williams, who had been on six months' probation as a driver with the firm, alleged the other drivers were intimidated by the management, and that he was the only driver prepared to speak out.

"They did not want to work on Saturdays and I was not told about the Saturday work during my interview," he said. "I would have exceeded my driving hours if I had worked on Saturdays. I would not have taken the job if I had been told earlier."

He brought his claim on the grounds that the working time regulations had been breached by the firm. However Midlands Premier Freight denied a breach, and said the drivers did not exceed their hours by working on Saturdays when the average was assessed over a matter of weeks. The company accused Williams of trying to avoid Saturday work by arranging holidays and days off. Tribunal chairman David Kearsley said Williams' case that the working time regulations had been breached had not been proved, and he rejected the unfair dismissal claim.


Peter Swingler
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