In the recent case of Draper v Mears Ltd [2006] the question of whether the employer had the correct employment law dismissal of an employee was brought to light. The worker was a plumber and was given use of a company van. The employer had a sensible rule that every company vehicle may not be operated after the consumption of alcohol. The employer operated a "zero-tolerance policy in this regard, which the employee was fully aware.
After work, in one case, employees of the van parked near a public house, which happened near his work premises. He went to a colleague who had invited him for a drink. Two of the employer's manager happened to go to the same public house and discovered the people sitting in the passenger seat of another car company, with its counterparts in the driver's seat.
One director felt that the staff was a little drunk and challenged his proposed use for personal reasons for the company vehicle colleagues. The employee was in a letter dated 29 October 2004 informed that he was a disciplinary procedure. The questions that are not cited:
"With a vehicle for social purposes. Conduct that is not possible to ensure the health and safety of themselves and others. Insubordination. A violation of the company vehicle and administrative rules and procedures"
The employee was referred to the disciplinary procedure. The primary reason for his dismissal, in the letter the next day, was that he intends for his company vehicle after consuming alcohol. The employee claimed that he had been unfairly dismissed and brought a complaint before the Employment Tribunal. The Employment Tribunal dismissed the application and the appeal to the Employment Appeals Tribunal staff.
The question is whether the Employment Tribunal was wrong in law to decide whether the employer had with the standard dismissal and disciplinary procedures as outlined in the Employment Acts. The complaint was for the following reasons:
* First, the employer had on why he thought the dismissal of employees and staff with an invitation to discuss the issues at hand.
* Second, the court is entitled to find that the statutory procedures have been complied with. The letter dated 29 October, successfully on the general nature of the alleged misconduct.
© RT Coopers, 2006. This background information is not a comprehensive or complete statement of the law on the issues can not be considered legal advice. It is only on general issues. Specialist legal advice should always be sought in relation to the particular circumstances.
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