Driver loses appeal over sacking

Commercial Motor
November 19, 2009

A DHL driver who was sacked after his trailer uncoupled from his tractor unit on a busy road has lost his appeal against unfair dismissal.

David Edwards, of Newcastle-under-Lyme, had appealed to a Birmingham Employment Tribunal.

The tribunal was told it was a miracle that no one was injured after the 40ft trailer broke free near Lichfield. Tribunal chairman David Goodier said there could have been carnage and fatalities.

DHL had accused Edwards of failing to ensure that a kingpin, connecting the trailer to the lorry, had been properly secured. He denied the accusation as he made a compensation claim against his employer, DHL of Stoke-on-Trent. He had been with DHL for five years, had an excellent driving record and was transporting for Sainsbury's at the time of the incident.

DHL opposed Edwards' claim. Matthew Yates, for DHL, said Edwards was dismissed for gross misconduct. However, Gary Lord, for Edwards, accused DHL of failing to engage an independent engineering expert to examine the vehicle.

The Tribunal chairman said that while Edwards was an "honest witness", the Tribunal was satisfied that the coupling was not fixed properly and that DHL had acted within the bounds of reasonable responses.

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