Page last updated at 15:50 GMT, Monday, 26 October 2009

Urinating driver loses job appeal

Irn-Bru
Colin Woods claimed a suspected bottle of urine was Irn-Bru

A delivery driver fired after he was spotted urinating against the side of his works van in Fife has lost his case for unfair dismissal.

Colin Woods lost his job after a resident reported the incident, which happened in Kirkcaldy last December.

Bosses also found a suspected bottle of urine when they searched the van but Mr Woods claimed it was Irn-Bru.

He took Liverpool-based Home Delivery Network to an employment tribunal claiming his sacking was unjust.

But, a tribunal panel has made a written ruling that it was "a reasonable response" to dismiss him for such "serious misconduct".

Such an action is clearly serious misconduct on the part of an employee as well as probably being a criminal offence.
Written judgement

A hearing in Edinburgh in August was told how Mr Woods was seen by a resident in Dallas Drive, Kirkcaldy, urinating against the side of his van on 30 December 2008.

The man was concerned as a number of families lived within the busy area.

Mr Woods was later questioned by his managers and admitted he had done it in an "emergency".

Mr Woods, from Kirkcaldy, was fired after an investigation. He had served almost 13 years for the firm.

Mr Woods took the company to a tribunal claiming there had been three similar incidents in the past involving other employees that had not resulted in dismissal.

The tribunal panel said it was in no doubt that his actions were something that could have brought the firm into disrepute.

In a written judgement, they added: "Such an action is clearly serious misconduct on the part of an employee as well as probably being a criminal offence.

"Any reasonable individual must know that he should not urinate in a public place in broad daylight in a built-up area.

"In the circumstances, the tribunal are satisfied that the company were within the band of reasonable responses in deciding to dismiss Mr Woods."



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