Adrian Gerard Nugent v Royal Mail Group LimitedPosted In: Case Law
Case Reference NIIT 2762/14
Type of Claim / Jurisdiction
Keywords: Unfair dismissal; Conduct; Reasonable Instruction; Health and Safety; Seatbelt; Previous Behaviour
The claimant was dismissed for alleged gross misconduct following a road traffic accident involving one of the respondent’s delivery vans with the main issue being that he was not wearing his seatbelt. The claimant had been involved in a similar accident 3 years previous, after which he was dismissed but successfully challenged in the tribunal.
The tribunal accepted that the previous dismissal was not a factor taken into account on this occasion, except that the claimant’s previous dismissal should have made him aware of the importance of wearing a seatbelt. The tribunal held that
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