In either 1975 or 1976 we were involved in one of the first unfair Dismissal cases which we subsequently lost, and had to pay a large sum in compensation. We took it very hard mainly because we had good industrial relations and a good relationship with the Transport and General Workers union. I have never spoken to an ex employee who hasn’t said the best job they ever had was with us and all have described my father as a gentleman.
Around about the same time we were in discussion with Thorn Electrical Industries, the parent company, about taking over all their transport at the Thon Heating Factory at Gateshead. This is a story I will tell at a subsequent date. However I was out for lunch with a senior Thorn Executive when our discussion came round to Trade Unions and industrial disputes and I should have taken more notice of what he said.
In the sixties, the days of all the strikes and industrial unrest Thorn had bought out Fisher Bendix, makers of the famous Bendix washing machine that had made its name back in the nineteen thirties. The Fisher Bendix factory was at Liverpool and Thorn got together a team of senior managers, whom the person I was speaking to was one, and they spent a month at Liverpool, deciding what was wrong with the company as they were intending to continuing manufacturing automatic washers at the site.
They discovered that all the trouble was with one man who was an agitator. There was no way they could get rid of him and they decided if they carried on employing this one man the problems would spread into the whole of Thorn manufacturing facilities in the UK.
They took the startling position of closing down the plant and making everyone redundant including this one man. Manufacturing was then sourced abroad and all Bendix washing machines and dishwashers were imported from Europe
The old West Auckland Clothing Company had been bought out by a company based in Milton Keynes, called Stenberg and they had a truncking service where a driver left both factories at the same time and changed over trailers at the first motorway service area on M! (From North) My memory doesn’t allow me to remember the name now but it may have been Trowl…
They approached us to ask us if we would be interested in the Bishop Auckland to Milton Keynes and return section. They were buying a new AEC Mercury and wanted us to do likewise, but one of the conditions was we employ the driver who had for several years been in their employ.
We arranged a price and had talks with the driver where we agreed he was paid 8 hours plus 1 hour at time and half making nine hours per day, a fixed wage. They both left their destinations at 7.00Am so it was not unreasonable for us the expect the tractor back with us at about 2.00PM each day, which would be very handy as it gave us an extra tractor unit we could use, with a different driver each afternoon
The AEC arrived and we painted it Black and had it lettered as Steinberg specified. We also had to have a burglar alarm system fitted as it was carrying very high value loads. .Steinberg were covering the Goods In Transit insurance and the conditions were that one the vehicle left Bishop Auckland the vehicle didn’t stop till it arrived at the first service station after travelling on the M18 into the M!. Changeover was to take place there and any driver’s breaks were to be taken in this service area then non stop back to West Auckland. I’m sure that many drivers who are retired would welcome such a cushy job.
Things went well for about a year, and then he started returning later and later and was claiming overtime as he couldn’t do it within his nine working hours. I don’t recall exactly what happened but we dismissed him. I cannot remember the name of the chap from the Transport & General Workers Union who came but we spoke and met many times over the years. He was sympathetic to us but asked us to give the driver a second chance with us preparing strict conditions regarding stopping etc which would save any future misunderstanding. I drew up the conditions, without a solicitor, but I sent a copy to the transport & general workers union for their agreement and subsequently the sacked employee came back and we all signed them.
For the first two days things were Ok but as the week progressed things started to get back to where they were before.
I don’t know how communication between drivers worked in those days as I think it was before CB radio, but as soon as I went onto the A! At Thinford, with my car all our drivers seemed to be informed that I was out and about, so it was decided I would hire a self drive car from Adams & Gibbon at Durham to make myself anonymous. I left on the morning with the hire car and waited in a lay-by about at Catterick until I saw the AEC with the tailor which was emblazed with Alexon, which was one of their clothing brands. I followed discreetly until he pulled into Wentbridge Service area, where he stayed for about 20 minutes. He then drove onto the M18 and onto the M1. When we reached the service area the Milton Keynes AEC was there having gone further north and returned into the south facing HGV parking area. Our driver pulled in I parked in the car park and watched. They quickly changed trailers and parked next to each other and went into the service area café for a 45 minutes break.
Returning to his tractor our driver followed his Milton Keynes colleague until he turned back northwards at the next interchange. Again I followed thinking I had a wasted day as he would be back at West Auckland before 2.00PM. However I was soon to find out differently. Correct me if I’m wrong but it is the Woodlands I think that is or was set back off the A1 near Doncaster. He pulled in there and I parked next to a row of houses which gave me a good view of the café car park. He was in there for over two and a half hours. I noticed someone keep looking out from their window as I must have looked suspicious, but there was no where I could move to without going into the café car park. I kept expecting the police to come back at any time. When eventually he pulled out and carried on with his journey. I followed and when he veered off to go to West Auckland I carried on back to Spennymoor waiting for his return.
He came back at 6-00PM saying he had been delayed and I took out my log of his journey and gave him immediate dismissal. Not only had he attempted to get 1 hour extra at time and half but he had put the goods o the trailer at risk as he had broken the terms of the insurance.
We were contacted by the Transport and general Workers Union, who although unofficially agreed with me but said they had to represent him as he was claiming unfair dismissal.
Never for a moment until we got to court did I think we could loose but our solicitor was completely useless and the panel of three were obviously biased against our side. The case lasted three weeks and I was in the witness box for one and a half days. The chairman of the tribunal said I had been uncaring at the Woodlands café by not going in to see if he had taken ill, even though as all lorry drivers would know it was a very busy establishment, and also our ex employee had, in his evidence never given any reason for calling there or staying so long, or never claimed of feeling unwell or could show of any medical records that showed he had any latent illness. It was also alleged by the tribunal chaiman that I should have had a solicitor draw up the conditions even though everyone had agreed with them.
As I have already said we lost, and I can only say that if the three people who stood in judgement had my wishes they will have had dreadfully painful deaths especially the disgraceful chairman, a chap called Cohen, in my mind the Devil incarnate.
Incidentally the AEC carried on this work for 5 years, producing a fuel consumption of 12 mph pulling fairly heavy laden loads both ways in 40 ft trailers. Tyre wear was unbelievable and when we renewed the contract it was repainted in our livery.
At renegotiation it was decided to use 32gvw tractor units and Steinberg wanted Seddon Atkinson with Gardner 180 engines which they did indeed buy for our part we argued and got agreement on ERF with same engine. We could do some good comparison between the tractor units and the ERF won on every count.
