Tribunal victory for sacked Teesside Hospice workers (From The Northern Echo)

Tribunal victory for sacked Teesside Hospice workers

8:30am Saturday 4th February 2012 in News By Chris Webber

CASE BACKED: Michael Wilkinson with the tribunal ruling

TWO transport workers sacked by a North-East hospice have had their case for unfair dismissal upheld by an employment tribunal.

Ron Edwards, 55, of Stockton, and Michael Wilkinson, 50, of Middlesbrough, have spoken of their relief following the ruling.

Mr Edwards worked as a van driver for Teesside Hospice Trading Limited, which trades to raise money on behalf of the Middlesbrough hospice, and Mr Wilkinson as a van assistant, helping to load and unload vans between shops.

In August 2010, Mr Edwards was accused of not taking reasonable care of £500 that had apparently gone missing from the hospice’s Coulby Newham shop. The money was found in his van.

Both were accused of going on unauthorised detours, and Mr Wilkinson of taking two ladders belonging to the hospice without permission.

They were sacked following an investigation and both lost appeals.

However, an employment tribunal in August last year heard that the hospice trading company accepted there was no allegation of dishonesty in relation to the missing money, and chief executive Maureen Thompson, when questioned, conceded Mr Edwards had done nothing wrong.

The tribunal was also shown a copy of an email from Ms Thompson to a friend who was said to be a human resources advisor.

The email, which predated all the allegations that resulted in the pair being sacked, said: “We have a troublesome member of staff... basically Bill (Bill Gould, hospice chairman) thinks we should just finish the guy.”

It also referred to health and safety concerns raised by Mr Edwards and asked: “Our question would be, do you think we could sack him if he continues to waste senior staff time?”

The tribunal ruled that both men were unfairly dismissed.

It said: “The emails and the note from Maureen Thompson clearly indicate that there was a pre-existing intention to seek to try to find a reason to dismiss (Ron Edwards)...The tribunal is satisfied that there was an apparent bias in the way in which his hearing was handled.”

The report said the investigation into Mr Wilkinson was inadequate and he was simply “caught up in (the hospice’s) wish to dismiss” Mr Edwards.

It said Mr Wilkinson acknowledged he should have asked senior staff for permission to borrow the ladders, which he said were for a decorating job.

However, the tribunal found that Mr Edwards was culpable for the detours.

Mr Edwards said: “I was suicidal when these accusations were being made and it was a time when my mother died.”

Mr Wilkinson, who said he could not read or write, said: “It is difficult for me to find a job and this was something I was good at.

“I just wanted to be cleared and have my job back.”

A hospice spokesman said: “We are fully aware of the situation, but we are not in a position to comment at this time.”

The tribunal judgement was delayed and has only recently been released.