RMT MEMBER WINS UNFAIR DISMISSAL RULING

RMT helpline 0800 376 3706 :: sept 2014 :: RMTnews 5 A n employment tribunal has ruled that a customer services assistant was unfairly dismissed from her job after her employers failed to follow their own sickness absence procedure. East Coast Main Line Company Limited sacked Anita McGlen citing a poor attendance record after she was off sick on over 40 occasions over the course of nearly six years. However, the employer’s own rules - as stated in their ‘Irregular Attendance Procedure’ - says that an employee in this situation can only be dimissed if they fail a four stage process of meetings and warnings. This procedure was not followed. Anita, from Newcastle upon Tyne, was employed to look after train passengers, including serving them food and drink, offering trolley services and clearing and setting up tables. Thompsons Solicitors successfully argued at tribunal that Anita’s complaint of unfair dismissal was well-founded and that she should never have been sacked. East Coast Main Line Company Limited had not given her the required warnings about her sickness absence. They had failed to follow their own procedure and treat her in the same way as they had other employees. In fact, the RMT member had rules imposed on her that were much stricter than her employer’s own guidelines. At one meeting Anita was told that she must not have any sickness absence in the next six months and then only two instances of sickness in the next twelve months whereas their own rules specified that, following a meeting, an employee must not be off sick for more than two instances in the following six months. Sickness absence procedures such as the Irregular Attendance Procedure exist to ensure that an employee clearly knows the number of permitted absences over a set period of time and what the consequences will be if they exceed this number. In contrast, Anita was left shocked and devastated when her employers announced that she would be sacked. She has struggled to find employment since and misses a job that she enjoyed and was committed to. Ranjit O’ Mahony at Thompsons Solicitors said that workers like Anita cannot help being ill. “In this case Anita was unfortunately let down by her employer and unfairly dismissed. “She had no choice but to fight against this decision and we were proud to support her with RMT,” he said. RMT MEMBER WINS UNFAIR DISMISSAL RULING RMT members cycling from Land’s End to John O’Groats to raise funds for the British Heart Foundation, Cancer Research UK and Saint Francis Hospice make it to Donny. For more information about how to donate go to web links below. http://uk.virginmoneygiving.com/team/LEJOG_2014