Employment tribunal

Unfair dismissal worker reinstated at Employment Tribunal

A HM Revenue and Customs worker has been reinstated after an Employment Tribunal ruled she had been unfairly dismissed.

Ellie Preston, of Aidirie, North Lanarkshire, was employed as an assistant officer in the HMRC’s Dept Management section in Cumbernauld.

Mrs Preston was diagnosed with Crohn’s Disease and symptoms often caused her to take time off work due to sickness.

It was decided she required surgery in November 2011 and was off work for over seven months as a result of the symptoms suffered.

She was dismissed in June 2012 for continued sickness absence and due to the fact it had not been possible to agree a return to work date.

However, Mrs Preston was given a notice of termination to run to August 24 2012 but within that notice period stated she was ready to return to work.

The tribunal ruling stated: “The employee was fit to return to work before the end of the notice period. That was a position known to HR, the decision maker and line manager and yet the respondents did nothing to alter their decision.”

A reinstatement order was made at a further hearing where it was also ruled that HMRC would pay £1,318.29 in wage arrears and restore Mrs Preston to the Civil Service Pension Scheme.

Mrs Preston was represented by Public and Commercial Services (PCS) representative Rachael Patton during the hearing.

A PCS spokesman said: “The reinstatement order is significant, as even successful claims of unfair dismissal do not automatically result in reinstatement orders, and such orders are rare.”

If you have a case for unfair dismissal or would like more information about taking an employer to an Employment Tribunal, call PM Law solicitors in Sheffield on 0114 2965444.

 

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