Driver alleges race abuse at parcels firm

From the archive, first published Friday 10th Feb 2006.

A parcel delivery driver was racially abused and forced to work without breaks before being unfairly dismissed, an employment tribunal was told.

Amjeer Singh-Johal, 33, a practising Sikh, also alleged that senior staff at Associated Transport Services Ltd, of Cleckheaton, trading as Initial City Link, had asked him to complete tasks outside his contract.

Mr Singh-Johal, of Silverhill Road, Bradford Moor, worked for the firm from October 2003 until his dismissal on March 18, 2005.

David Parker, representing the complainant, told the tribunal that the firm's operations director, Christopher Horner, had aimed a derogatory racial remark at Mr Singh-Johal while the pair were in the firm's canteen.

However, giving evidence to the Leeds tribunal, Mr Horner said he was not in the canteen at the time of the alleged incident and denied Mr Singh-Johal's accusation.

He said neither he nor any employee of the firm had used racist language against Mr Singh-Johal.

In response, Mr Parker questioned why, at the time of Mr Singh-Johal's employment with the firm, there was only one other Asian employee among a staff of 68.

Mr Horner replied that, at that time, many of the firm's drivers lived in other areas of West Yorkshire including Halifax, Huddersfield and Keighley.

"You can only give a job to the people who apply," he said. "There is no racism within the company."

Mr Horner also denied the firm had sought to prevent Mr Singh-Johal from taking statutory breaks.

"The driver never complained to me about not getting any breaks," he said.

"It was clear from the information that I was getting that he was getting a break."

Mr Horner also rejected Mr Singh-Johal's claim that he was often ordered to collect fast food orders for the firm's staff.

Mr Singh-Johal was suspended on full pay on March 10 last year after an argument with Mr Horner and fellow employee Barry Smith over the number of deliveries he was being asked to make.

In a witness statement shown to the court, branch manager Craig Van Der Wiesthuizen said he had not known of Mr Singh-Johal's allegations until he sent him a fax after his suspension on March 11.

Mr Singh-Johal was dismissed for gross misconduct just over a week later on March 18.

Since leaving ATS, Mr Singh-Johal has found alternative employment as a warehouse worker.

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