Pontypool driver awarded £7k for ‘unfair sacking’

First published in News

A DRIVER from Pontypool has been awarded more than £7,000 in damages after his employers fired him for making a personal errand in the company van.

John Bailey, of Poplar Avenue in New Inn, was told by the owner of Abercarn-based Border Industrial Services that he was fired for going to get car parts for his own personal car while on his way home from work last summer.

Mr Bailey, 58, said he was called into his boss’ office the following morning and was dismissed “on the spot”.

At an employment tribunal hearing in Cardiff yesterday, Judge Alison Frazer concluded Border Industrial Services should award a total of £7,371.75 to Mr Bailey, although with a reduced award of 25 per cent for contributory fault. Judge Frazer had earlier come to the conclusion that Mr Bailey made the errand having previously been instructed not to do so by the company.

Mr Bailey was sacked for gross misconduct on August 27, 2013, after more than six years with the bobcat dealing company. At a previous hearing last month (March), Judge Frazer had told Mr Bailey he should have been presented with a written warning by the company at most, adding Mr Bailey should be compensated for unfair dismissal.

Mr Bailey, who was earning around £316 in gross income a week at Borders, represented himself at the hearing because he said he could not afford a solicitor.

Speaking to the Argus after the hearing, he added: “I’m quite disappointed. I had calculated that they should be paying around £20,000 but that’s how it is.

“All the trouble it has caused me and my family has been unbelievable and unbearable”

At the hearing yesterday, Mr Bailey, and Mark Whitcutt of Roger James, Clements and Partners, on behalf of Borders Industrial Services, came to agreements about various contributing factors to the damages paid, including a start date for Mr Bailey’s employment at Borders.

Mr Bailey has since found work in Newport as an agency driver and says he hopes his temporary six months contract will be made permanent before it expires in October.

Comments (12)

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4:29pm Tue 29 Apr 14

grumpyandopinionated says...

It is a bit unfair to be sacked for making a personal errond, but the simple fact is that if you've been told that you should not have done it and you did then you've got to expect the fall out. Personally I would have thought it to be a written warning or similar. Maybe there's more to the story, perhaps they were looking for an excuse to get rid of him, can only deduct that this would have been the case. But £7k for doing something that you've been told not to do is not bad.
It is a bit unfair to be sacked for making a personal errond, but the simple fact is that if you've been told that you should not have done it and you did then you've got to expect the fall out. Personally I would have thought it to be a written warning or similar. Maybe there's more to the story, perhaps they were looking for an excuse to get rid of him, can only deduct that this would have been the case. But £7k for doing something that you've been told not to do is not bad. grumpyandopinionated
  • Score: 1

6:06pm Tue 29 Apr 14

Howie' says...

Sounds to me like a trigger happy Employer. The Tory's have tried their hardest to stop people from taking cases to the Industrial Tribunals by making them pay £1200 just to walk through the door, stopping a lot of people who haven't £1200 spare from getting any retribution. Mind you if Farage and the UKIPpers were ever able to implement their Policy's it would be even more difficult.
Ukip wants to make it easier for you to be hired and fired at will. They “would legislate to ensure the scope of claims which can be heard by tribunals will be greatly reduced”. and they support unfettered free market policies which would inevitably lead to recurring bouts of mass joblessness.

UKIP=Thatcher on Steroids!
Sounds to me like a trigger happy Employer. The Tory's have tried their hardest to stop people from taking cases to the Industrial Tribunals by making them pay £1200 just to walk through the door, stopping a lot of people who haven't £1200 spare from getting any retribution. Mind you if Farage and the UKIPpers were ever able to implement their Policy's it would be even more difficult. Ukip wants to make it easier for you to be hired and fired at will. They “would legislate to ensure the scope of claims which can be heard by tribunals will be greatly reduced”. and they support unfettered free market policies which would inevitably lead to recurring bouts of mass joblessness. UKIP=Thatcher on Steroids! Howie'
  • Score: -5

6:32pm Tue 29 Apr 14

ex-St. Julians boy says...

One wonders how they knew he had done it in the first place. Either someone saw him and decided to grass him up or they had him followed. Clearly, someone didn't like him and wanted to deliberately drop him in it.
One wonders how they knew he had done it in the first place. Either someone saw him and decided to grass him up or they had him followed. Clearly, someone didn't like him and wanted to deliberately drop him in it. ex-St. Julians boy
  • Score: -1

6:38pm Tue 29 Apr 14

bostonblackie says...

^
Get off your soapbox, you ridiculous person.
^ Get off your soapbox, you ridiculous person. bostonblackie
  • Score: -4

6:39pm Tue 29 Apr 14

bostonblackie says...

Oops, my comment was meant for ivory-tower howie
Oops, my comment was meant for ivory-tower howie bostonblackie
  • Score: -1

6:39pm Tue 29 Apr 14

richie55 says...

He had previously been warned not to do this yet he ignored this warning and went and did the same thing anyway! How many times does an employer have to tell an employee not to do something before they can sack them?
He had previously been warned not to do this yet he ignored this warning and went and did the same thing anyway! How many times does an employer have to tell an employee not to do something before they can sack them? richie55
  • Score: 8

6:49pm Tue 29 Apr 14

bazzar2002 says...

u guys forget that this is y he was fired for going to get car parts for his own personal car while on his way home from work last summer.
u guys forget that this is y he was fired for going to get car parts for his own personal car while on his way home from work last summer. bazzar2002
  • Score: 0

7:36pm Tue 29 Apr 14

grumpyandopinionated says...

bazzar2002 wrote:
u guys forget that this is y he was fired for going to get car parts for his own personal car while on his way home from work last summer.
How can we forget it's printed in the article, most business insurance when the vehicle is not a designated company car, and the person has use of it to commute to work is not covered for any personal use. So in effect he could have nulled the insurance and if he'd written the vehicle off then the insurance wouldn't have paid out and the employer would have had to stump up the cost of the replacement and the cost of hiring in a temp vehicle etc etc, so the guy that got sacked could have ended up paying the company he worked for. Like I said there's probably more to this than meets the eye. But put simply he was told he couldn't do it full stop. Its sad he lost his job but such is life we have to learn that in the current job market there's always someone unemployed that can take your job, so it's best to look after it and not give anyone a reason to sack or doubt you.
[quote][p][bold]bazzar2002[/bold] wrote: u guys forget that this is y he was fired for going to get car parts for his own personal car while on his way home from work last summer.[/p][/quote]How can we forget it's printed in the article, most business insurance when the vehicle is not a designated company car, and the person has use of it to commute to work is not covered for any personal use. So in effect he could have nulled the insurance and if he'd written the vehicle off then the insurance wouldn't have paid out and the employer would have had to stump up the cost of the replacement and the cost of hiring in a temp vehicle etc etc, so the guy that got sacked could have ended up paying the company he worked for. Like I said there's probably more to this than meets the eye. But put simply he was told he couldn't do it full stop. Its sad he lost his job but such is life we have to learn that in the current job market there's always someone unemployed that can take your job, so it's best to look after it and not give anyone a reason to sack or doubt you. grumpyandopinionated
  • Score: 2

7:47pm Tue 29 Apr 14

grumpyandopinionated says...

ex-St. Julians boy wrote:
One wonders how they knew he had done it in the first place. Either someone saw him and decided to grass him up or they had him followed. Clearly, someone didn't like him and wanted to deliberately drop him in it.
I would think that there was probably a tracker fitted to the vehicle, if you've been told not to do something then they've probably been keeping track of where thier vehicles go after they leave work. I know that a previous employer did the same thing. But his vehicles where also fitted with trackers that could also give info on the way the vehicle was being driven eg, harsh breaking and cornering. It was a nightmare trying to explain that the harsh braking was down to being cut up etc.
[quote][p][bold]ex-St. Julians boy[/bold] wrote: One wonders how they knew he had done it in the first place. Either someone saw him and decided to grass him up or they had him followed. Clearly, someone didn't like him and wanted to deliberately drop him in it.[/p][/quote]I would think that there was probably a tracker fitted to the vehicle, if you've been told not to do something then they've probably been keeping track of where thier vehicles go after they leave work. I know that a previous employer did the same thing. But his vehicles where also fitted with trackers that could also give info on the way the vehicle was being driven eg, harsh breaking and cornering. It was a nightmare trying to explain that the harsh braking was down to being cut up etc. grumpyandopinionated
  • Score: 0

7:57pm Tue 29 Apr 14

scraptheWAG says...

Howie' wrote:
Sounds to me like a trigger happy Employer. The Tory's have tried their hardest to stop people from taking cases to the Industrial Tribunals by making them pay £1200 just to walk through the door, stopping a lot of people who haven't £1200 spare from getting any retribution. Mind you if Farage and the UKIPpers were ever able to implement their Policy's it would be even more difficult.
Ukip wants to make it easier for you to be hired and fired at will. They “would legislate to ensure the scope of claims which can be heard by tribunals will be greatly reduced”. and they support unfettered free market policies which would inevitably lead to recurring bouts of mass joblessness.

UKIP=Thatcher on Steroids!
rubbish employers are put off from hiring because of speculative claims I suspect you will be voting fro labour Howie
[quote][p][bold]Howie'[/bold] wrote: Sounds to me like a trigger happy Employer. The Tory's have tried their hardest to stop people from taking cases to the Industrial Tribunals by making them pay £1200 just to walk through the door, stopping a lot of people who haven't £1200 spare from getting any retribution. Mind you if Farage and the UKIPpers were ever able to implement their Policy's it would be even more difficult. Ukip wants to make it easier for you to be hired and fired at will. They “would legislate to ensure the scope of claims which can be heard by tribunals will be greatly reduced”. and they support unfettered free market policies which would inevitably lead to recurring bouts of mass joblessness. UKIP=Thatcher on Steroids![/p][/quote]rubbish employers are put off from hiring because of speculative claims I suspect you will be voting fro labour Howie scraptheWAG
  • Score: -1

12:28am Wed 30 Apr 14

Howie' says...

scraptheWAG wrote:
Howie' wrote:
Sounds to me like a trigger happy Employer. The Tory's have tried their hardest to stop people from taking cases to the Industrial Tribunals by making them pay £1200 just to walk through the door, stopping a lot of people who haven't £1200 spare from getting any retribution. Mind you if Farage and the UKIPpers were ever able to implement their Policy's it would be even more difficult.
Ukip wants to make it easier for you to be hired and fired at will. They “would legislate to ensure the scope of claims which can be heard by tribunals will be greatly reduced”. and they support unfettered free market policies which would inevitably lead to recurring bouts of mass joblessness.

UKIP=Thatcher on Steroids!
rubbish employers are put off from hiring because of speculative claims I suspect you will be voting fro labour Howie
I wasn't going to Chris but as It's only Labour that can beat the Tory's then yep, I'm voting Labour in the General Election but Green in the Euros.

You on the other hand are obviously several years too young to be allowed to vote for any party.
[quote][p][bold]scraptheWAG[/bold] wrote: [quote][p][bold]Howie'[/bold] wrote: Sounds to me like a trigger happy Employer. The Tory's have tried their hardest to stop people from taking cases to the Industrial Tribunals by making them pay £1200 just to walk through the door, stopping a lot of people who haven't £1200 spare from getting any retribution. Mind you if Farage and the UKIPpers were ever able to implement their Policy's it would be even more difficult. Ukip wants to make it easier for you to be hired and fired at will. They “would legislate to ensure the scope of claims which can be heard by tribunals will be greatly reduced”. and they support unfettered free market policies which would inevitably lead to recurring bouts of mass joblessness. UKIP=Thatcher on Steroids![/p][/quote]rubbish employers are put off from hiring because of speculative claims I suspect you will be voting fro labour Howie[/p][/quote]I wasn't going to Chris but as It's only Labour that can beat the Tory's then yep, I'm voting Labour in the General Election but Green in the Euros. You on the other hand are obviously several years too young to be allowed to vote for any party. Howie'
  • Score: 2

12:57am Wed 30 Apr 14

Howie' says...

bostonblackie wrote:
^
Get off your soapbox, you ridiculous person.
Thank you for that comment 'Blackie', am I not allowed to express an opinion on this story? Maybe you would like to substantiate your comment. Happy to debate but you don't seem to have anything substantial to say. Feel free I will not be offended.
[quote][p][bold]bostonblackie[/bold] wrote: ^ Get off your soapbox, you ridiculous person.[/p][/quote]Thank you for that comment 'Blackie', am I not allowed to express an opinion on this story? Maybe you would like to substantiate your comment. Happy to debate but you don't seem to have anything substantial to say. Feel free I will not be offended. Howie'
  • Score: 2

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