Mr M Hodkin v DBL Transport and Storage Limited HELD BY: CVP — 2021

Mr Hodkin worked for DBL Transport and Storage Limited as an HGV driver from 30 June 2020 until his dismissal on 1 September 2020. The tribunal found that during that short period there were unsatisfactory instances of conduct, including damage to a fence on 10 August 2020 that was not reported, a parking fine notified around 18 August 2020 that was also not reported, and poor attendance including absences on 10 July and 24 to 25 August 2020. It found the claimant gave unsatisfactory explanations for those matters.

The claimant said he telephoned and sent two WhatsApp messages on 30 August 2020 to say he was self-isolating because of the death of a family member, but the tribunal found no evidence that any such communication was sent or received. It also noted inconsistencies between the claim form and the claimant's oral evidence about the bereavement, and it found that he did not attend work on 1 September 2020 without explanation. The tribunal accepted that 1 September 2020 was the actual dismissal date, even though a later letter referred to termination with effect from 28 August 2020.

On the unfair dismissal claim, the tribunal held that the reason for dismissal did not relate to health and safety within s.100 Employment Rights Act 1996. It found the claimant had not proved that any communication about self-isolation caused the termination, and it accepted the respondent's case that there were other reasons at the time justifying dismissal, including poor attendance and failure to report incidents. The claim of unfair dismissal was therefore dismissed.

The related one-week notice pay claim was also dismissed. The claimant's unlawful deduction from wages claim, which he had quantified at £900, was withdrawn at the start of the hearing and therefore dismissed on withdrawal. No other claims remained.