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A lorry driver accused of threatening to attack his general manager with a two-foot piece of wood has won a compensation claim for unfair dismissal on a technicality. But Melvin Turner, of Cheslyn Hay, West Midlands, was warned by Birmingham Employment Tribunal that his award would be cut in half because he had contributed to his dismissal.

Turner had been employed by BLH Haulage & Storage of Tividale near Dudley for 20 years. A dispite arose between Turner and general manager  Paul Evitts other lorry drivers allegedly saw Turner threatening to attack Evitts with the wood and calling him abusive names. Evitts was shocked and feared for his life, the tribunal was told.

Following a disciplinary hearing, Turner was sacked for gross misconduct. The firm alleged that Turner showed no remorse and had not taken the matter seriously. Turner denied threatening to strike Evitts. He said he picked up the wood to prop up the bonnet of a lorry. He added, however, that he had acted out of character and complained that the work situation had made him tense.

He also pointed out that his work record had, until that point, been unblemished. Tribunal chairman David Dimbylow said the firm had failed to carry out the correct disciplinary and dismissal procedure, which meant Turner won the case on a technicality. The award would be decided at a later date, but Dimbylow warned Turner that the amount of the award would be reduced by half because he had contributed to his  dismissal.