An HGV driving assessor has lost a claim for unfair dismissal but been awarded £473 in unpaid wages after being sacked for not doing his job.
His employer, DHW Services of Uttoxeter, alleged that an investigator it had hired found Philip Armstrong in a pub when he should have been working.
A Birmingham employment tribunal heard that Armstrong was dismissed for gross misconduct. Philip Whetton, director of the HGV training and driver assessment firm, told the Tribunal that Armstrong was in the pub when he should have been working.
Whetton said there had been mileage discrepancies on Armstrong's vehicle, and he had created a massive backlog of work.
Asked by a Tribunal member why no tracking device was used on Armstrong's unit, Whetton replied: "I wish we had fitted one."
Armstrong said he worked from his Harwich home and travelled to various parts of the country to carry out the firm's work. He said he was off work the day in question and had complained about a lack of work. The firm had been hit by the recession and had cut staff.
Tribunal chairman David Dimbylow said the Tribunal rejected Armstrong's claim for breach of contract, but awarded him £473 in unpaid wages.
No right to withhold wages
The Tribunal accepted that the dismissal was fair, but believed the employer had no right to withhold Armstrong's wages.