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Driver claim rejected
Page 11
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by Mike Jewell k former Eddie Stobart driver has lost his claim of nfair dismissal after he resigned from the Cumbrian aulier claiming that work he was given was Impossible a complete legally.
A Leeds Employment Tribunal rejected Gary Sims' laim that he was entitled to resign after being asked to lrive between depots in Wakefield and East Kiibride itthin 10 hours—a journey he alleged could not be done ihile keeping to the speed limit. Although the tribunal ruled that the journey was possible to complete lawfully, chairwoman Susan Cox said they accepted that other Stobart drivers had exceeded speed limits to complete the journey within 10 hours.
They also accepted that it was a difficult and unpopular route and that Stobart's drivers had no confidence in the recovery system for supplying relief drivers when a driver ran out of hours: "It is something the company perhaps ought to look at," said Cox.
For Sims, Emma Grace said that he had raised concerns about the journey in 1999.
She maintained that the journey was on the edge of legality and that it could only be done in 10 hours if the vehicle was carrying a light load or the driver broke speed limits.
For Stobart, Gary Pollard argued that it was a perfectly legal and lawful instruction, which had been issued to Sims in the course of his duties. He could have invoked the company's grievance procedure but failed to do so; instead he acted precipitously by walking out.
Sheila Woodbridge, HR director at Eddie Stobart, says: "We are very pleased about the decision. We thought it was a fair and reasonable verdict because it is very important to us that people work within legal guidelines.
"Breaking any aspect of the law is not something that we condone, promote or allow."