Call us today on 0141 552 9193
GLP News

News, Comment & Opinions on the latest legal stories

Glasgow Law Practice White

Practice made perfect

Compensation award to sacked employee succesfully challenged by Employer. The Glasgow Law Practice.

The Employment Appeal Tribunal has acted in an unfair dismissal case that involved a compensation award to the dismissed employee.

A haulage company ordered to pay almost £18,000 to a hapless driver they sacked after a series of accidents has won an appeal against the outcome.

The Employment Appeal Tribunal found that the award could not stand because the disastrous driving record of the employee, which led to him being disciplined, had not been taken into account.

Under employment law, even where there is a finding of unfair dismissal, the employer has the right to have the compensation reduced, by as much as 100 per cent, if it can show:

– if a correct procedure had been followed, there was a high chance the employee would have been sacked anyway, or

– the employee has contributed to his own downfall by his own actions, and should not be allowed to benefit from these.

The company exercised their right to being an appeal to the EAT within 42 days of the judgement being issued by the Employment Tribunal in Brighton, Sussex. The judgement, in the case of Mr MA Sanders v Kingston Transport Ltd trading as Sussex Skips, was that the case should be sent back to the original Tribunal, who now have to reconsider their award.

The Tribunal had heard evidence from a director of the company that, after he began investigating the driver after his sixth accident in the space of four months, there was an altercation where the driver tried to hit him. This was denied by the driver, and the Tribunal believed him over the director.

But the EAT found that the Tribunal should still have considered whether – even if the assault didn’t happen – the driver would have been dismissed anyway due to his record, as he had admitted he was at fault in at least half of the accidents.

The EAT advised both parties to negotiate to find a compromise – failing which, a further Tribunal hearing would be required to decide if any compensation was to be paid at all.

*The Glasgow Law Practice advises employees and employers on all aspects of employment law, including disciplinary procedures, Employment Tribunals, and appeals. Call now for a free telephone discussion on {{CONTACT_NUMBER_CONTENT}} or complete our online enquiry form.