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Constructive dismissalEmployment lawEmployment tribunalsUnfair dismissal

Urinating van driver loses unfair dismissal claim

by Personnel Today 27 Oct 2009
by Personnel Today 27 Oct 2009

A delivery driver sacked for urinating against the side of his work van has lost his case for unfair dismissal.

Colin Woods lost his job at Liverpool-based Home Delivery Network after a resident reported the incident, which happened in Fife last December.

A tribunal panel has ruled it was “reasonable” to dismiss Woods for such “serious misconduct”, the BBC has reported.

Woods told his managers he had urinated in an “emergency”.

Bosses later found a bottle containing what they thought was urine inside the van, but Woods insisted it was energy-drink Irn-Bru.

In a written judgement, the tribunal panel said: “Such an action is clearly serious misconduct on the part of an employee as well as probably being a criminal offence.

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“Any reasonable individual must know that he should not urinate in a public place in broad daylight in a built-up area.

“In the circumstances, the tribunal are satisfied that the company were within the band of reasonable responses in deciding to dismiss Mr Woods.”

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