Dismissed for removing tachograph card: fair decision despite procedural flaws
An LGV driver with 10 years' service was fairly dismissed for removing his tachograph card near the depot, the Manchester Employment Tribunal ruled, despite procedural shortcomings in the disciplinary process.
1 min read · Last updated 18 May 2026
Case details
- #tachograph-card
- #gross-misconduct
- #stop-start-traffic
- #appeal-process
- #band-of-reasonable-responses
Key facts
- The claimant ejected his tachograph card about 3.5 km from the depot and drove without it for the remainder of the journey.
- The claimant was experiencing significant personal distress on the day due to family crises.
- The respondent believed the claimant removed the card to avoid a statutory break.
- The disciplinary process had procedural flaws but the appeal investigation remedied them.
- The respondent had a poor regulatory compliance record and was seeking to improve standards.
Timeline
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Employment commenced
The claimant started working for A&F Haulage Ltd as an LGV driver.
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Incident of tachograph card removal
The claimant ejected his tachograph card about 3.5 km from the depot while in stop-start traffic near a school. He did not re-insert the card and drove the rest of the way without it.
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Investigation meeting
The claimant was called to an investigation meeting under false pretences. He was questioned about the incident and said he had reported it to managers on the day.
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Suspension
The claimant was suspended from work pending a full investigation.
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Disciplinary hearing
A disciplinary hearing was held, chaired by Gary Maddock with Hammad Majeed as note-taker. The claimant was accompanied by his daughter.
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Dismissal
The claimant was dismissed for gross misconduct, specifically for intentionally removing his tachograph card to avoid a statutory break.
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Appeal hearing
An appeal hearing was conducted by Nitu Patel, who interviewed witnesses and produced a comprehensive report.
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Judgment issued
The Employment Tribunal found that the dismissal was fair and within the band of reasonable responses.
The legal issue
Whether the employer had a genuine belief, based on reasonable grounds after a reasonable investigation, that the driver removed his tachograph card to avoid a statutory break, and whether dismissal was a fair sanction.
The outcome
The tribunal dismissed the claim of unfair dismissal.
- The employer genuinely believed the driver committed gross misconduct by removing his tachograph card to avoid a break.
- Although the disciplinary process had procedural flaws, the appeal investigation was thorough and remedied those defects.
- Dismissal was within the band of reasonable responses given the importance of tachograph compliance.
- No compensation was awarded.
Lessons & takeaways
- A thorough appeal process can remedy procedural defects in an initial disciplinary hearing.
- Employers should ensure investigation meetings are not held under false pretences to avoid undermining trust.
- Drivers should be aware that removing a tachograph card, even in stop-start traffic, can be treated as gross misconduct.
- Personal distress at the time of an incident may be a mitigating factor but does not necessarily make dismissal unfair.
- Consistency in disciplinary outcomes is important, but each case is judged on its own facts.
This case shows how a flawed disciplinary process can be salvaged by a robust appeal. The LGV driver, with 10 years' service, removed his tachograph card about 3.5 km from the depot while in stop-start traffic near a school. He did not re-insert it and drove the rest of the way without it. The employer believed he did so to avoid a statutory break, a serious regulatory breach.
What went wrong and what went right
The initial investigation was poorly handled: the driver was called to a meeting under false pretences and suspended without full inquiry. However, the appeal hearing, conducted by an HR consultant, involved interviewing witnesses and producing a comprehensive report. This remedied the earlier defects, and the tribunal found that the employer's belief in misconduct was reasonable and that dismissal was within the band of reasonable responses.
Why the result matters
For employees, this case highlights that even significant personal distress on the day of an incident does not automatically excuse misconduct. For employers, it underscores the importance of a fair appeal process that can correct earlier procedural errors. The tribunal noted the employer's poor regulatory compliance record and its efforts to improve standards, which influenced the decision to uphold the dismissal.
Ultimately, the driver's long service and personal circumstances were outweighed by the seriousness of the tachograph offence, which is critical for road safety and regulatory compliance.
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