Steel fixer compensated £1,700 for wrongful sacking

Wednesday 19 May 2021

A local joinery company has been ordered to pay one of its former steel fixers just over £1,700 – the equivalent of two weeks’ pay - for wrongly sacking him.

Christopher Allinson’s initial claim, which was submitted to the Employment Tribunal in October 2020, also included allegations of lack of suitable rest periods as well as work on bank holidays – all of which were dismissed by the Tribunal.

His employer, Trinity Joinery Ltd, which was represented at the Tribunal hearing by Director Joseph Bourke, brought forward a counterclaim but it was also dismissed.

The company denied Mr Allinson’s claims, alleging he had resigned by his conduct of not returning to work, had received rolled up holiday pay, had never worked a bank holiday and that it had not been in breach of the provisions relating to minimum rest periods. 

Mr Allinson had been employed by the company as a steel fixer – despite his contract wrongly describing him as a carpenter - since 28 January 2020. 

The case was heard earlier this month by Michael Salter, the Employment Tribunal Deputy Chair.

He dismissed Mr Allinson’s claims for unpaid bank holidays. While the steel fixer claimed he had worked on Good Friday (10 April 2020) Mr Salter found there was no record from Trinity Joinery Ltd carrying out any work between 3 and 14 April due to the pandemic. In addition, the company paid all of its employees £600 for that period despite them not being required to work.

Mr Salter also dismissed the claim for the lack of suitable rest periods, noting that the only time Mr Allinson had worked more than seven days in a row it was because he had requested overtime.

The wrongful dismissal claim relied on the fact Mr Allinson had not been paid his notice or given a letter for his dismissal. 

The company said Mr Allinson had taken “extended periods of absence from work” without giving any reason, totalling over 50 days absence which Mr Allinson rejected. 

While he had agreed to inform the company of any absences, Mr Allinson didn’t do so after he became too unwell to work on 2 October.

On 6 October, Mr Allinson’s partner went to the site and told another Trinity Joinery Ltd’s employee that he was unwell and gave him his new telephone number.  

On 9 October, Mr Bourke called the steel fixer to tell him his services were no longer needed.

Three days later, Mr Allinson went to the site to show Mr Bourke a copy of his contract, which stated he was entitled to “two weeks’ notice in writing of termination of employment”.

Mr Salter concluded Mr Allinson had been wrongfully dismissed, noting the dismissal had been summary and in breach of Mr Allinson’s contract and ordered the company to pay him £1,760.74 for the two weeks’ pay he was entitled to.

While Mr Allinson claimed he was also entitled to pay, Mr Salter found that it was actually rolled up in his hourly pay rate.