Compensation for loss of status driver
Page 20
If you've noticed an error in this article please click here to report it so we can fix it.
A TARMAC contractor has been told it must reinstate a driver and pay him 0037 compensation. Sheffield Industrial Tribunal heard that driver Arnold Humphries had resigned from G. R. Lister and Son, after being demoted for health reasons.
It heard that Mr Humphries, who had been a lorry driver all his life, was off work for four months last year, following an operation.
His absence caused the firm difficulty, and a fortnight be fore he returned they appointed a permanent replacement. Mr Humphries was told he would be employed as a general operative, engaged primarily on labouring work. As a result he handed in his notice. The Tribunal concluded that there was a fundamental breach of the contract of employment.
As an operative he would have no opportunity for overtime — an implied term of his contract as a driver.
The Tribunal held that Mr Humphries had been "constructively dismissed", had the firm waited another fortnight it would not have needed another driver.
It felt the firm ought to have made detailed inquiries to find out if there was any chance that Mr Humphries would be returning to work within those fourteen days.