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The director of haulage company Pollock (Scotrans) showed "callous disregard" for an employee's feelings after he refused to allow him time off to grieve for his brother's death, according to an employment judge. Scott Pollock also displayed "remarkable insensitivity" for reneging on an agreement to allow Norman Ewens time off to pay his last respects to his deceased brother, despite the LGV driver's pleas.

Pollock, part of the third generation of the family that founded and continues  to run the well known Scottish business, was described as "intransigent and domineering". His bullying nature towards Ewens and demands that he worked excessive hours also led to a recurrence of psoriasis and affected his ability to start new employment after he resigned. The employment tribunal heard how Ewens, who was based at Worksop, Nottinghamshire, worked more than 70-hour weeks for Pollock (Scotrans) and on the occasions that he expressed concern over his fatigue he was ordered by Pollock, or the traffic office manager Tom Ritchie, to "just do it". The company's response was also to put the phone down when he complained.

When Ewen's brother Alistair, who also worked for the firm, died in March 2007, the company initially agreed to Ewens working that week before taking the weekend off and then the following Thursday afternoon.

However, Ewens' grief meant he asked to be excused from work early, which was refused. He was also ordered to work on the afternoon he was  supposed to be with his family attending the chapel of rest. For the company, whose website boasts of its "professionalism with excellence of service", Ian Randall said Pollock (Scotrans) was under pressure to move goods around the country and that Ewens was not working excessive hours. He also claimed that just because an employer was brusque it did not amount to bullying.

However, employment judge June Cape disagreed. She said Ewens' "genuine concerns were disregarded and dismissed in a peremptory and bullying fashion". Referring to their handling of Alistair's death she added: "The respondent showed quite remarkable insensitivity to the claimant's situation at this time and the potential effects of their conduct on his health and wellbeing which was characteristic of their attitude generally." Cape ordered the company to pay Ewens £5,765 in lost earnings and future losses.