Auto Support, of Matthew Lane, Hoo Farm Industrial Estate, Kidderminster, a vehicle recovery firm, has successfully defended itself against a claim by a former employee of constructive unfair dismissal. Birmingham Employment Tribunal Judge Stan Britton likewise cleared the firm of wrongdoing in the claim made by driver Ian Greaves that unauthorized deductions were made from his wages.
Mr Greaves’ alleged the firm refused to give him rest breaks and the Judge ruled this a falsehood also. At an earlier hearing, Mr Greaves, now living in Tewkesbury, alleged he was too busy to take his 90-minute breaks but the deductions were made from his pay. He also claimed he did not receive a “quality bonus” he was entitled to. In protest, he resigned and made a claim for constructive unfair dismissal.
Director of the firm, Nick Dawson, denied all the allegations and said he was compelled by law to allow drivers to take their appropriate breaks. Mr Dawson denied making unauthorized deductions and opposed the claim for constructive unfair dismissal. Dawson said he even gave Greaves £60 in advance of his wages to “help him out.” Judge Stan Britton has rejected all of Greaves’ claims.
“I have heard no evidence that the claimant was subjected to poor working conditions,” said Judge Britton. “I have found, as fact, the claimant was in a position to take statutory rest breaks and probably did so. In any event, I have not accepted that the respondent actually refused to permit Mr Greaves to take rest breaks. The fact that the claimant may, on occasion, have elected not to take a rest break on any given day is not a refusal of permission to take a break and is, therefore, immaterial.”
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Employment Law Solicitors Ireland (http://employmentlawsolicitorsireland.com/constructive-dismissal/) provides information on Constructive Dismissal in Ireland. There is nothing more divisive than constructive dismissal and this article will outline, albeit briefly, the legal principles of constructive dismissal.
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