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Employee who was fired whilst in jail wins unfair dismissal case

A bakery company has been ordered to pay a former employee £650 after dismissing him after he failed to turn up to work because he was in jail.

Joseph Carter won unfair dismissal case at employment tribunal against his former employers Aulds Bakers, after he was jailed for breach of the peace and dangerous driving.

Initially the judge awarded him nothing, on the grounds he contributed to his own dismissal but an appeal judge has since overruled the original decision and the bakery now has to pay Mr Carter compensation.

Employment Judge Ian McPherson found that although Mr Carter was to blame for his own dismissal the flaws in the way his former employer dismissed him was unfair.

A solicitor dealing with the case said: “He was lucky to get any award at all, although I know he was hoping for more. He should have asked for time off, but didn’t, and that was his downfall.”

Mr Carter started working for Aulds in March 2005 and had clean record until his dismissal in November 2013.

After his sentencing Vicky Shaw contacted the bakery to inform the company of Mr Carter’s arrest, but Mr Carter failed to get in touch with the company until he was released two months later.

On November 2013 Mr Carter received a letter from the firm’s director Alan Marr terminating his contract, the tribunal agreed that Mr Marr failed to appropriately handle Mr Carter’s case.

In the judgement of the case Mr McPherson said: “But for procedural flaws in the original dismissal of Mr Carter by Mr Marr, Aulds’s managing director, it may well have been that had Aulds complied with both their own disciplinary procedures and the ACAS code of practice, Mr Carter may well still have been dismissed after them following a fair procedure.

“The fact is, at that early stage, Mr Marr followed no procedure whatsoever, and the claimant’s employment was regarded by the respondents as terminated on the basis of frustration.”

@ Posted on May 17th, 2016 by Jess Duxbury in Other

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