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Dismissal unfair but claim fails

16th November 1985
Page 15
Page 15, 16th November 1985 — Dismissal unfair but claim fails
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Which of the following most accurately describes the problem?

A LONG-DISTANCE driver who altered his tachograph and claimed expenses incorrectly, was deemed by an industrial tribunal to have been unfairly dismissed. But they also ruled that there was no remedy appropriate in the circumstances and so the driver's unfair dismissal claim failed.

A. F. Pratt of West Preston Street, Edinburgh, employed by Pickfords Removals was due to leave on a delivery on February 21 but did not go until the day after. He completed an expense claim to show that he had been from home on the night of the 21st and altered his tachograph. He was dismissed on March 29.

In defence he claimed illness of his father caused him to defer his start; he then went for drinks and was not fit, he decided, to drive.

The Tribunal decided the dismissal was unfair, but the driver had misused his tachograph and concocted a claim torm to conceal the fact. And he had failed to keep his employers fully informed.