A LORRY driver sacked for allegedly smoking in his cab has won his unfair sacking claim and almost £4000 compensation.

Thomas Leckenby, 60, denied he had been smoking, claiming it was a placebo inhaler he had been using as he had recently stopped smoking.

A warning letter sent by West Lothian Council reached Mr Leckenby's employer - Carntyne Transport of Springburn, Glasgow - in September 2006. It alleged that the driver, whose window was open, had been seen smoking in the lorry in Broxburn.

Mr Leckenby, of Armour Court, Kirkintilloch, was found to be the driver.

At a disciplinary hearing, Mr Leckenby was accused of breaching the firm's policy and the smoking ban law.

However, the driver denied this and produced a placebo inhaler.

After being told by the council that its enforcement officer's account of the event was accurate, the driver was then sacked for gross misconduct.

Another employee was also dismissed after a similar letter was received from West Lothian Council.

The tribunal concluded Mr Leckenby's dismissal was unfair. It said the outcome was predetermined, Mr Leckenby did not receive a fair hearing and in particular a decision was reached before he was provided with details of a phone conversation with the officer and given an opportunity to respond.

As he denied smoking and said the council official was mistaken, there were avenues of investigation which could have been pursued.

However, the tribunal said there was a 20% chance he would have been dismissed had fair procedure been followed.

He was awarded £3920.