A DUDLEY scaffolder who complained he was sacked after using the firm’s mobile phone to enable him to do his work after the devices had been withdrawn from employees, has been awarded more than £13,000.
John Weaver from the Priory estate, told Birmingham Employment Tribunal his boss later deducted £204, the cost of the mobile calls, from his wages.
Mr Weaver was seeking compensation for unfair dismissal, notice pay and the £204 against Brierley Hill Scaffolding Ltd of Dudley.
The tribunal was told that the firm, which did not attend the hearing, was now in liquidation.
Mr Weaver, aged 49, said he had been employed by the firm for nine years and sometimes worked on Sundays as well as Saturday mornings, getting paid around £96 a day.
Mr Weaver said his boss withdrew mobile phones from all employees and that he was sacked after he used the firm’s mobile phone to enable him to carry out his work.
He complained that the costs of the calls, £204, was later unfairly deducted from his wages.
Mr Weaver said that he had been put on short time working at one stage and asked the tribunal if he was entitled to redundancy pay.
He alleged that his boss had since formed a new firm.
Tribunal Judge Mrs Sheila Batten said his former boss was legally entitled to form a new firm but that Mr Weaver could not claim redundancy pay.
She said his compensation claims for unfair dismissal, notice pay and the unauthorised deduction of wages – the £204 – had been well founded and she awarded him a total of £13,214, as the firm had sacked him without following proper dismissal procedures.
Mrs Batten said the Government’s Redundancy Office would be responsible for the payment but warned Mr Weaver he was unlikely to receive all the award.
Via: www.dudleynews.co.uk
