Featherstone-based Brian Yeardley Continental has successfully defended itself in a “whistleblowing” case brought by a disgruntled ex-employee claiming that it encouraged tachograph fraud.
The international haulage company was able to prove that the allegations made by LGV driver Peter Borov were false.
Grimsby-based Borov claimed that the company asked him to work illegally by not inserting his tacho card when he tipped his trailer while doing Italian groupage work.
But at a Leeds industrial tribunal the case was dismissed after Brian Yeardley Continental produced driver management reports, digicard downloads and working time reports that proved no such events had taken place.
The company was also able to provide evidence showing that Borov was dismissed within three months of being employed for failing to follow instructions and breaking company procedures.
Yeardley MD Kevin Hopper likens the result to “scoring a goal at Wembley” but he has turned down the opportunity of pursuing the driver for costs incurred:
“It was never about the money, it was always about the truth and clearing the good name of Brian Yeardley Continental and proving through our systems that we police EU driving regulations and working time and work to the letter of the law,” he says.
“The false accusations this guy accused us of were incredible and all I wanted to do was prove what he was saying was total lies and we did.”
Hopper’s solicitor, Glenn Hayes, partner at Irwin Mitchell, says: “I think [Borov] genuinely thought the company would settle the claim because of the cost consequences in a Tribunal. At the very first meeting we had with [Hopper] we said it would cost more to defend than to settle. He wanted to defend the claim.”
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