Mechanic loses Unfair Dismissal claim at Employment Tribunal

Court2A Mechanic has lost his compensation claim for unfair dismissal. He said that he was fired from his job after he signed off work due to “work related stress and hand symptoms”. Additionally, he had informed bosses that he could not work on Sundays due to religious reasons, but says that his bosses did not accept this. Feeling that the treatment he received was not in keeping with UK employment law, he raised his claim to an employment tribunal.

Mr Cuthbert had worked as a mechanic for Perth and Kinross Council, Scotland. However, a new shift schedule was introduced which required employees to work one weekend out of four, and also to start as early as 6am on certain days. The claimant told his bosses that he did not want to work on Sundays, due to his religious beliefs.

Furthermore, he said that he had experienced tingling in his hands after he had used an air gun to remove nuts from the wheel of a vehicle. He later signed off work due to the tingling sensation in his hands, and also due to stress. When he did not return to work after some time, he was dismissed from his employment. Thereafter, he raised a claim to the Dundee Employment Tribunal.

The tribunal heard evidence that the claimant was a Presbyterian, but did not attend church. The council said Mr Cuthbert also continued to arrive for work at 7:30am throughout the week, despite the fact that the new starting time was now 6am. He subsequently provided his bosses with a letter from his GP stating that he was unfit to work due to “work related stress and hand symptoms”.

After hearing all of the evidence, Tribunal Judge McFatridge rejected the claim for unfair dismissal. He found that the council’s dismissal procedure had been fair, and that the claimant had refused to return to work.

What is UK employment law? If you wish to speak to an employment law lawyer regarding matters of fair employment, how to claim compensation for unfair dismissal, labour relations or require advice and assistance on any area of UK employment law, then please do not hesitate to contact Sam Riley Law on 0333-577-7037.
August 05, 2013
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