Unfairly dismissed warehouse worker awarded

Posted 28/05/2009

Failing to follow correct employment law procedures has proved costly for a Droitwich-based lighting firm.

Neil Ballard was awarded £12,870 in compensation after an employment tribunal ruled that he had been unfairly dismissed by Lamp + Gear Ltd following an argument with a director.

The sum was higher than it would usually have been, as a 40 per cent penalty uplift was applied because the company did not carry out statutory dismissal procedure.

Mr Ballard was sacked from his position as warehouse supervisor for what the company termed gross misconduct after arguing with John O’Mahony about his workload, reports the Droitwich Advertiser.

The director suggested he had been sworn at during the altercation – a claim contested by the former employee.

Mary Cocks, the tribunal’s chairperson, concluded that although the disagreement had been heated, it should not have led to Mr Ballard’s dismissal. She also suggested Mr O’Mahony had been over sensitive in his reaction to the incident.

The ruling came just days after an employment tribunal in Scotland ruled that George MacAulay had been unfairly dismissed by Aggregate Industries UK Ltd, following an unsubstantiated allegation that he had been involved in the theft of red diesel.

Mr MacAuley was awarded £24,756 in compensation.