Licence loss ended job: not dismissed
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• A Glasgow
industrial tribunal has ruled that a driver
employed by Paisley based WE! Malcolm was nor dismissed; his employment was ended because his contract of employment was "frustrated" by the loss of his HGV licence.
The tribunal rejected claims by John Black that the company failed to pay him his holiday pay and wages in lieu of notice, contrary to the provisions of the Wages Act.
The Tribunal heard that Brown went on sick leave in October 1991 and did not return to work. In July 1992 his HGV driving licence was revoked because he had a heart condition. In May 1992 he was paid an exgratia payment under an agreement between the Road Haulage Association and the TGWU that any drivers who failed a medical and lost his licence would receive a payment based on his service with the company. Brown was taken off the company's payroll at that stage.
Brown agreed that he had not been fit since October 1991.
The Tribunal was satisfied that Brown's contract of employment was that of an HGV driver, and that when he became incapable of driving his contract was frustrated—the contract had come to an end without dismissal on the part of the employer or resignation on the part of the employee.
Brown's means of employment, his HGV driving licence, had been taken from him through no fault of his own, and there was no indication of when, if at all, he might be able to drive again, but Brown's claims could not succeed as there had been no unlawful deduction from his wages.