Drayman dismissed after flagging vehicle overloading: automatic unfair dismissal

A driver who refused to stay silent about safety

A drayman (beer delivery driver) for Forest Road Brewing Co Ltd was dismissed without warning after repeatedly flagging that his van was overloaded. He had written 'overweight' on his delivery manifests on three consecutive days in November 2022, after earlier raising concerns months before. The tribunal found that the principal reason for his dismissal was these health and safety complaints, making it an automatic unfair dismissal.

The case highlights the protection that employees have when they raise genuine safety concerns. Even with only nine months' service, the claimant was able to bring a claim because the law treats health and safety dismissals as automatically unfair – meaning no minimum service period is required.

What the employer could have done differently

Forest Road Brewing Co Ltd did not attend the hearing or provide any evidence. The tribunal noted that the respondent had not engaged with the proceedings at all. Had they done so, they might have argued that the dismissal was for a different reason (such as sickness absence) or that they had investigated the concerns. But without any evidence from the employer, the tribunal accepted the claimant's account that the real reason was his safety complaints.

Why this matters for similar claims

This case is a reminder that employers must not penalise workers for raising health and safety concerns. The law provides strong protection, even for short-serving employees. For anyone in a similar position, documenting concerns in writing – as this claimant did on his manifests – can be crucial evidence. The tribunal awarded £6,297 in lost earnings, reflecting the period from dismissal to when the claimant found a new job at a similar salary.