Member Z Van Zwanenberg Tribunal Member A Mathieson Mr B Hewitson v Saint-Gobain Building Distribution Limited, t/a Jewson — 2022

The claimant worked for the respondent as an HGV driver from 11 May 2021. The tribunal found that, before and during his employment, he knew he was under investigation by the Traffic Commissioner in relation to alleged fraudulent use of his tachograph, but he did not disclose that position at recruitment or during induction. After a hearing on 29 June 2021, he was banned from commercial driving from 16 July to 30 August 2021, later postponed to 31 August following a sheriff court hearing. He informed the respondent only after the ban was imposed, and Mr Meakin then sought advice from the respondent’s HR department about how to proceed.

The tribunal accepted Mr Meakin’s evidence that the claimant participated in the formal Traffic Commissioner hearing from a meeting room at the respondent’s premises during working hours without telling anyone or seeking permission. It also found that the claimant had not lodged a grievance against Mr Meakin before the dismissal decision; the grievance about Mr Meakin was sent only after the dismissal decision had already been made. The tribunal preferred Mr Meakin’s evidence where there was conflict, and it found the claimant was not a credible or reliable witness.

Applying section 15 Equality Act 2010, the tribunal accepted the respondent’s case that the reason for dismissal was the claimant’s driving ban and his lack of candour about the ongoing proceedings, together with the operational and financial impact of his unavailability. It held that there was no evidence whatsoever that the claimant’s disability, assuming knowledge for present purposes, had anything to do with the dismissal. The tribunal therefore dismissed the claim.