Shop assistant gets £7.5k after work accident leads to unfair dismissal

Monday 16 October 2017

A woman who was unfairly dismissed after she was signed off work for 20 weeks following a workplace accident has been awarded nearly £7,500 by the Employment Tribunal.

The woman had worked as a shop assistant for MG & LM for more than 18 months prior to her accident on 12 November 2016.

While still employed by the company, she made a claim on February 2017 concerning unpaid wages and holiday pay for 2015 and 2016 totalling £5,869.31. Her union representative then made a separate claim against the employer for the injuries she suffered.

Advocate Mike Preston, Deputy Chairman of the Employment Tribunal wrote in his judgment, "it seems as a consequence of those separate claims the Respondent determined to get rid of the Claimant."

The woman was then asked to attend a disciplinary hearing regarding allegations of misconduct, which she considered to be false. The hearing did not take place, but the employer dismissed the woman on the basis that her role was redundant, without consulting or warning her.

On 21 March 2017, the woman made a third claim, seeking compensation for unfair dismissal of £1,420 and damages for wrongful dismissal of £177.50.

The Deputy Chairman ruled: "The Claimant’s claims were proved in all respects and the Deputy Chair found as a matter of fact that she had been unfairly dismissed; that she had been wrongfully dismissed in breach of contract; and, that the Respondent was liable to pay her the sums claimed in respect of unpaid wages and unpaid holiday pay. "

As a result the company has been asked to pay  £1,420 as compensation for unfair dismissal, £177.50 as damages for wrongful dismissal and  £5,869.31 in respect of unpaid wages and holiday pay for 2015 and 2016, making a total of £7,466.81.