S C Plant Hire v Fisher

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 11 June 1998 Before

JUDGE PETER CLARK : This is an appeal by the employer, S.C. Plant Hire, against a decision of the Norwich Industrial Tribunal sitting on 18 August 1997 upholding the Applicant's complaint of unfair dismissal.

The Tribunal went on to find that he had contributed to his dismissal to the extent of 15% and awarded him compensation totalling �1,679.60.

The Applicant was engaged on a site at Kings Lynn on 24 March 1997, having a smoke with his foreman, Mr Oakes, in a non-smoking area, when the Managing Director of the Respondent's main customer, Carters, a Mr Dixon reversed his car.

The Originating Application suggests that the vehicle came into contact with the Applicant injuring his leg, although the finding of the Tribunal, presumably based on the evidence given by the Applicant, was that he was not injured in any way. At all events, a verbal altercation then took place between the Applicant and Mr Dixon in which the Applicant used foul language.