Bridge strike driver loses job appeal

An employment tribunal has dismissed an appeal by a former driver for own-account operator Food Partners, who was sacked after driving his vehicle into a bridge, causing more than £6,000 of damage.

The tribunal was told that in March 2010 multi-drop LGV driver Mr M Buzolli received a written warning after failing to turn up for work because he was under the influence of alcohol.

The following September he drove his vehicle into a bridge and later attended an investigatory meeting to discuss an allegation of misconduct for a major incident under the firm’s preventable collisions policy. He was later dismissed at a disciplinary hearing.

Buzolli’s solicitor, Sami Rahman, claimed the written warning did not contain a statement that further misconduct or unsatisfactory performance would lead to his dismissal. He also said Buzolli had not been warned the disciplinary hearing would lead to his dismissal.

However, appeal Judge Peter Clark said that, although there were procedural flaws, “it was clear from the disciplinary policies and clear, as a matter of common sense, from the fact that this was a final written warning, that further misconduct might result in dismissal”.