A TERRITORIAL Army soldier who was made redundant on his return from serving in Afghanistan has been given his job back.

Simon Sunderland was laid off as a production operator at the Cummins factory, in Darlington, only days after returning from the front line.

An employment tribunal, which was held in November last year, has now ruled against the company, and Mr Sunderland has been reinstated.

“This is fantastic news,”

said Mike Routledge, from the union Unite, which represented Mr Sunderland throughout the case.

“We have said all along that Cummins’ behaviour was morally incomprehensible and legally questionable.

“Now it has been proved that it was legally wrong.”

Father-of-four Mr Sunderland, from Middlesbrough, left his post at the factory for a 12-month tour of duty in May 2008, thinking his job would be held for his return.

He returned from Afghanistan in March last year, and was due to spend time on leave with his family before returning to work on the shopfloor.

But bosses at the plant laid him off – a move that his union and solicitors argued was in breach of legislation protecting workers who are called up to serve with the TA.

“Unite is proud to have represented one of our members who has been fighting for our country abroad,” said Mr Routledge.

“It is vitally important that we support those who are putting their lives on the line. The least we can do is make sure they have a job waiting for them when they come back.”

A spokesman for Cummins said last night that the company sought legal advice, and consulted the Supporting Britain’s Reservists and Employers group, before making Mr Sunderland redundant.

“During late 2008 and early 2009, unprecedented economic conditions reduced Cummins Darlington business by over 60 per cent, forcing a major redundancy programme,” he said.

“Tough decisions were made to safeguard the plant and its current employees, and 440 staff were made redundant.

“Cummins accepts the decision (of the tribunal) and have welcomed Simon back to work with the company.

“We have assured Simon that he will be treated well on his return by his colleagues in line with our strong company values and treatment of others policies.

“Cummins has been acknowledged as a longstanding supporter of Britain’s Volunteer Reserve Forces, employing Reservists for many years.”

Mr Routledge said that Mr Sunderland was delighted to be back at work.

“I have spoken briefly to Simon and he is very pleased and very grateful that he has his job back,” he said.