Retreat too hasty: 'no' to cash claim
Page 17
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YORK tanker driver has lost his claim for redundancy payment, ter a Leeds Industrial Tribunal heard his employer's contract had anged hands in strange circumstances.
The Tribunal said driver DenJewitt had never been given ?tice by J. H. Tait Transport ork) Ltd, nor did he hand in his vn notice. They had great diffiIty in coming to a conclusion the evidence, but they could rt be satisfied he had been smissed.
In evidence Mr Jewitt said he as employed on the carriage of ?lspar and Calumite between .:unthorpe and York. At the ?ginning of April, Mr Tait smissed a night shift driver at le premises of Redfern 3tional Glass, this produced a Jstile reaction, and Mr Jewitt limed he was told Tait vehicles ere no longer welcome at Redms.
A meeting was arranged beveen Mr Tait and a Mr Jnstone of J. Cutts for whom its sub-contracted the work, id Mr Dunstone agreed to take ier the two drivers and hides on that work.
Mr Jewitt was recommended id when he inquired about reindancy pay, he was told his rtployment would be regarded continuous.
Questioned by Stephen rkbright for Taits, Mr Jewitt reed that the ultimate decision transfer was his and that there d never been any question of 3rrlissal. When Mr Jewitt phoned Mr Tait on April 15 to ask for a replacement vehicle after having trouble with his own, he was told that as he had to start work on April 18 with Mr Dunstone, it was not worth sorting the trouble out. Mr Jewitt took that to mean he had been dismissed due to the loss of the contract.
In evidence, Mr Tait said that Mr Jewitt was one of the best drivers he had employed. The contract with Redferns had never been terminated, although the company now did less of Cutts' work.
It seemed that Mr Jewitt was unhappy following a conversation with Mr Dunstone and he had asked Mr Dunstone whether he would take him on in the event of Taits finishing the contract. Mr Tait said he arranged a meeting with Mr Dunstone of Cutts who had told him that he would like to take over the Felspar and Calumite contract and that Taits were losing it anyway.
This gave Mr Tait the opportunity to reduce his fleet, and though he claimed he had never told Mr Jewitt to go, he agreed he advised him it might be in his interests to do so.
The Tribunal agreed that Mr Tait had voluntarily ceased part of his business, and so there was a case for redundancy.
The Tribunal felt, however, that Mr Jewitt had jumped the gun. He had never actually been dismissed but had agreed to go the moment he realised that Taits were, or might be, losing the contract.
The fact that Mr Tait allowed him to go and had not stopped him did not imply he wanted him to do so.