Dismissal was fair says Leeds tribunal
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• A driver who was sacked by John Cotton (Mirfield) for taking out an unserviceable trailer, has lost his claim for unfair dismissal before a Leeds industrial tribunal.
The tribunal heard that Leslie Walker had been employed as a night shunt driver. The trailer in question had been off the road for some time waiting for an MoT certificate, but Walker allowed it to be loaded and taken to a customer's premises.
Walker claimed that night manager Robin Butler had confirmed that the trailer could be used. However, the company said that Butler had only given
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his permission after Walker said that it was all right to use the trailer, despite it being off the road, The tribunal said that Butler had accepted the assurance of a driver about the use of the trailer. Butler had many responsibilities in running the night shift and it was not unreasonable for him to do this, it said.
A sign saying that the trailer was out of service had been removed. However, there was a notice in the tractive unit's cab stating that the trailer was out of service and it was required for an MoT test two days later. The fact that it did not have a current MoT certificate could be seen from the plate.