Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Latest NewsDisciplineDiscipline and grievancesDismissalEmployment tribunals

DHL driver unfairly dismissed after altercation in van

by Jo Faragher 13 Jan 2023
by Jo Faragher 13 Jan 2023 A DHL van out on deliveries (stock photo)
Ole Mathisen / Alamy Stock Photo
A DHL van out on deliveries (stock photo)
Ole Mathisen / Alamy Stock Photo

An HGV driver who got into a fight with a colleague was unfairly dismissed amid flaws in the disciplinary and investigation process, a tribunal has ruled.

Alex Milea, who worked for DHL Services, was dismissed in February 2022 after a physical altercation with another worker, who he claims spat at him and caused him to pull over on the hard shoulder of the motorway.

The incident occurred after Milea and a colleague – ‘AT’ – had driven to a meeting in Enfield, north London, and were driving back to their depot in Gatwick.

In the preceding days, AT had shared a message on the team WhatsApp group that “after a huge amount of complaints in my name I resign from being manager at Gatwick. As of tomorrow Alex Milea will be in charge of Gatwick. Any problems report to him”.

AT then turned up at the Gatwick depot in the following days saying he would not work, and that Mr Milea would have to do his work for him. Mr Milea drove AT to the meeting, which passed without incident, but they began to fall out on the return journey.

Unfair dismissal

Train conductor unfairly dismissed after ‘black privilege’ comment 

Former MP’s aide unfairly dismissed after whistleblowing 

Unfair dismissal 

The London South tribunal heard that on that journey, AT called Mr Milea a liar and made threatening remarks towards him and his family. He then spat at him and the claimant had to pull over so he could call his line manager.

The situation escalated when the van parked at Gatwick, when AT struck Mr Milea and placed him in a headlock. AT claimed Mr Milea tried to push him out of the van and he had retaliated.

Police were called and AT was arrested and taken into custody, but no further action was taken. Mr Milea sustained facial injuries and sent a picture of these to his regional manager.

On 18 January, Mr Milea heard that he was being suspended pending an investigation, and received a letter inviting him to a meeting. At a meeting on 11 February, he was summarily dismissed.

A letter sent a week later said Mr Milea had been dismissed for gross misconduct, saying “both you and your colleague had a part to play in the events that unfolded and that accountability sits with both parties”. It added that the physical altercation had gone against the company’s disciplinary and grievance policies against fighting and physical assault.

DHL’s hearing officer Ms Hack claimed that Mr Milea had “admitted to stopping on the hard shoulder of a live motorway with the intention to eject your colleague from the vehicle, potentially placing them in imminent danger and which could have been perceived by your colleague as threatening behavior[sic]. As the driver of the vehicle, you have breached your responsibilities”.

In an appeal against the dismissal, it was discovered that no attempt had been made to source CCTV footage of the incident at the depot. The manager presiding over the appeal, in his outcome letter, said “some process failures” had been identified but that the reason for disciplinary action remained, as did the decision to dismiss.

The tribunal itself identified a number of flaws in the process and subsequent decision, including the fact managers did not sufficiently investigate who started the altercation or whether one of the parties had been a victim of assault.

However, procedural flaws such as meeting minutes showing contradictory responses would not have made an otherwise fair and reasonable process unfair, it found.

In judgment, Employment Judge Krepski said that the company had not shown that it “genuinely believed that the claimant was guilty in respect of this aspect of misconduct, or that such a belief was based on reasonable grounds”.

The tribunal ruled that Mr Milea’s actions had not amounted to gross misconduct, and therefore he had been unfairly dismissed. A separate claim for breach of contract was thrown out.

The judge granted a basic award of £1,998.50 and compensatory award of £2,594.88. A spokesperson for DHL Supply Chain said: “While we can’t comment on individual cases, if there are any lessons to be learned from any employment tribunal claim we take these very seriously and will take such action as deemed appropriate in the circumstances.”

Employee relations opportunities on Personnel Today


Browse more Employee Relations jobs

Jo Faragher
Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

previous post
Long Covid will often resolve itself within a year, study argues
next post
Harpur Trust v Brazel: Government launches holiday pay consultation

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Hospital whistleblower wins £219,000 in compensation

25 Jan 2023

Car dealership ‘fabricated’ documents to justify dismissal

17 Jan 2023

Employee monitoring software spots ‘time theft’ in unfair...

13 Jan 2023

Top 10 HR questions December 2022: unfair dismissal...

5 Jan 2023

Worker who claimed workplace posed ‘serious and imminent’...

21 Dec 2022

Royal Mail whistleblower awarded over £100,000

21 Oct 2022

Ex-employee wins harassment claim over Pontius Pilate comment

3 Oct 2022

‘Pushy’ lawyer awarded £152k for sex discrimination

8 Aug 2022

Met loses appeal against reinstating senior officer

27 Jul 2022

Whistleblower awarded £12k in Subway unfair dismissal case

13 Jul 2022

  • The Workplace Today Guide: Why it pays to support your staff’s financial health PROMOTED | The cost of living crisis has hit...Read more
  • abrdn pensions master trust: an enhanced member experience PROMOTED | For most people, their pension will be the largest source of income in retirement...Read more
  • How can HR equip leaders to support a wounded workforce? PROMOTED | The World Health Organisation (WHO) has released new guidelines for employers...Read more
  • How HR manages absence and hybrid working (survey) WEBINAR | HR professionals are slowly realising...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+