Former Domino’s Pizza driver wins 'dough' in employment dispute

Tuesday 23 January 2024

A former Domino's Pizza delivery driver has been awarded £870 in compensation for late pay slips and rest break breaches in a case spanning over two years which involved him running over a seagull.

However, the Employment Dispute Tribunal dismissed Steven Rabet's more serious claims of discrimination and constructive unfair dismissal against Domino’s Pizza.

Mr Rabet, who delivered pizzas for the company for three years, received £750 for the late provision of pay slips and £120 for a breach of rest break regulations. 

The tribunal's recent decision ended a long dispute that started in April 2021 and ended with Mr Rabet's resignation in 2023.

The case revolved around a series of conflicts and incidents between Mr Rabet and Domino's Pizza, including an incident where he hit a seagull with his scooter during a delivery.

A customer complained about this, saying: “Your delivery driver had clear sight down the straight road and there was plenty of space to pass either side of the birds.

"However, the driver decided to purposefully drive over the two birds, harming both of them.

"He made to attempt to avoid them and did not stop after hitting them to check on their welfare.”

When asked by his managers to discuss this incident, Mr Rabet responded aggressively. 

He said in response: “No discussion is required. The facts are known. I ran over a seagull. I figured it was going to get out of the way. It didn’t.”

This incident escalated into an internal conflict, leading to a disciplinary meeting at Domino's Pizza, which Rabet didn't attend.

Mr Rabet – who has a diagnosed personality disorder – accused his former employer of creating a hostile work environment and violating employment laws. 

The tribunal acknowledged that Domino's Pizza provided pay slips late, but did not find this caused significant detriment to Mr Rabet.

They also found a breach in providing rest breaks during a specific 14-day period, but noted that Mr Rabet often chose to take breaks at the end of his shifts.

Mr Rabet suggested that his personality disorder influenced his behaviour and the conflicts arising at work.

He reported situations where he felt discriminated against including an alleged conspiracy to have him fired in April 2021, criticism of his driving in March 2022, and the April 2023 seagull incident. 

The tribunal concluded there was no direct discrimination as a non-disabled person behaving similarly would have been treated the same.

They also found that Domino's Pizza was not aware of Mr Rabet’s disability, as he had not formally disclosed it.

Therefore, the tribunal dismissed Mr Rabet's claims of discrimination and constructive unfair dismissal – but he was awarded £870 in compensation for late pay slips and rest break breaches.