A TAKEAWAY delivery driver who claimed unfair dismissal from the Robin Hood has had his case rejected by an employment tribunal.

It was heard that Mark Benest, who worked for the company on a part-time basis, had never signed a contract of employment.

Despite his case, which included claims for non-payment of wages, tribunal chairman David Le Quesne decided that he was not a legitimate employee.

He said: ‘Mr Benest could have chosen when and how he worked.

There was no mutuality of obligation, in that it was purely up to Mr Benest whether or not to work.’ Mr Benest did not appear at the hearing, and was unrepresented.

However, the director of the company, Barry Thirkell, gave evidence that drivers were ‘free to do what they liked’.

He said that his arrangement with the drivers was that they supplied their own cars, petrol and telephones for the purpose of the job.

They would say how many and what hours they wanted to work, and it was up to them if, and when, they worked.