Postman sacked shortly before retirement wins dismissal case

[TrueBlueTerrier]

http://www.northamptonchron.co.uk/news/ ... 3881666.jp



A former postman from Northampton who was fired just months before his retirement after delivering mail for 28 years has won more than £20,000 in compensation.
Mick Day, now aged 60, of Kingsthorpe, had taken just one day off sick in the previous 12 months when his line manager at the Royal Mail sorting office in Crow Lane gave him his notice.

He said Mr Day's past record of absences – usually because of sciatica, which was so painful he could barely walk – was too much.

Bosses also tried to count occasions such as when his dog, Bruno, died and his then manager gave him three days off which Mr Day did not ask for.

He was given the sack in February last year despite his protests.

Mr Day said: "When I had sciatica I would go to bed fine then wake up feeling terrible and I could barely stand up, never mind carry a bag of letters.

"When they told me I was gobsmacked; I was just stunned and so was the union guy who was with me.

"They gave me 12 week's notice and I kept thinking they would feel they'd proved their point and change their minds but they didn't."

A tribunal in November found Mr Day was unfairly dismissed and awarded him £21,109.

In his judgement, John Metcalf, the employment judge, said: "The conscientiousness of the worker and his good performance and his determination, demonstrated despite pain to try to work, are matters a good manager would have considered."

Mr Day, who delivered to homes in Kingsthorpe for the last three years of his career, recently received his compensation cheque.

He said: "That was certainly one of the best letters I've ever held. At one point during the tribunal they offered me £5,000 and to be reinstated, for all of six weeks. I told them I wanted a signed apology from the chief executive of the Royal Mail, Adam Crozier, but I'm still waiting.

"It was not the money, it was the principle of it."

Mr Day, who will retain his Royal Mail pension, has used part of the money to pay for new windows in his home, in Grasscroft, and will also take a holiday in Australia and buy a new sports car.

A Royal Mail spokesman said: "We do not disclose details of individual personal issues and will abide by the decision of the tribunal."

[DGP1]

In his judgement, John Metcalf, the employment judge, said: "The conscientiousness of the worker and his good performance and his determination, demonstrated despite pain to try to work, are matters a good manager would have considered."

Judges are really out of touch with reality, RM and good managers can never be used in the same sentence

[billyb8]

There is almost an identical case under way in CB.

[Navy Bob]

this has made my day
wonder what the manager thinks about it hehehehehee

[brothermagrew]

Good luck to the fella and did the CWU help him pursue his tribunal case?

[Daniel Dunglas Home]

I fear we may be about to see more of this sort thing with redundancy looming large for many offices as RM look to cut MTSF payments.
This is an appalling case of mis-management the creep who instigated it should be shown the door himself.

[k979aaa]

this has made my day
wonder what the manager thinks about it hehehehehee

It also has made mine and MR MICK DAY'S for here is a true hero a man who fought the system and WON for if you give up you win nothing fight and you might get something but if you fight with all your might you will achive a result note i'm not saying win but it is as good as. AND AS FOR THESE TWO :lfo & :cfo THEY HAVE HAD THEIR DAY!. AND MICK HAS SHOWN US THE WAY!.

[mailsort6]

In his judgement, John Metcalf, the employment judge, said: "The conscientiousness of the worker and his good performance and his determination, demonstrated despite pain to try to work, are matters a good manager would have considered."

Judges are really out of touch with reality, RM and good managers can never be used in the same sentence

What the judge is saying is that a good manager would not have sacked the postie. This is the problem with RM managers they are just sacking posties left, right and centre, don't they ever get any legal advice before the sack anyone? I have read of so many cases recently where employees have taken RM to an Employment Tribunal and have won their cases. It's about time RM started training their managers properly in employment law. This, also demostrates that this particular manager does not know RM sick procedures, why is he a manager?

[L Tommo]

JUSTICE PRIVAILS AT LAST...

[norbert]

this has made my day
wonder what the manager thinks about it hehehehehee

there was a time when tribunals were a no-no , the union only used them as a last resort and things stayed within the post office .

I've googled this subject and you keep reading the same summings up , too inflexible ,regimented , heavy handed poor handling , poorly investigated , too harsh , no discretion etc , etc about RM .

And who is responsible for that style and "culture "? :lfo :lfo :lfo

[jinglejangle]

WELL DONE MICK.JUST REMEMBER THE GOOD YEARS AND NOT HOW THE COMPANY HAS BECOME.ALL THE BEST.

[baldrick]

Good on you mate. Enjoy your retirement!

[bandit650]

Congratulations to the postie for winning his case,i hope he has a long and happy retirement its nothing that he does not deserve,the only thing is that it is so very sad that he has finished his long career with what use to be a top company in such a manner.

Royal Mail managers are not worth training in employment law as they are hard pushed enough with are own rules and regs and they cant be a**ed to learn those so no chance of them ever wrapping thier brains around the law.Thier own managers are pulling those strings and they are substandard managers themselves so thier interpretation of the rules does not bow well for them ever knowing the law and using it in the correct manner.

A lecturer in a Law college in london said that she use to work for Royal Mails legal department she said that RM is really bad when it comes to what the law says regarding employment, she said that managers are so poorley trained in the job, what the law requires them to do she said they loose most of the cases due to lack of correct investigation.

[axeman]

The truth of the mater is they have been given a mandate from above to disspose of as many as posibile without causing royal mail to much financial pain.
So i guess there quite willing to spend circa £20,000 just to whittle the numbers down ..Some might not even try to fight them so they offset that as it's the end figure thats important to them.

[pinstripe]

In his judgement, John Metcalf, the employment judge, said: "The conscientiousness of the worker and his good performance and his determination, demonstrated despite pain to try to work, are matters a good manager would have considered."

Judges are really out of touch with reality, RM and good managers can never be used in the same sentence

What the judge is saying is that a good manager would not have sacked the postie. This is the problem with RM managers they are just sacking posties left, right and centre, don't they ever get any legal advice before the sack anyone? I have read of so many cases recently where employees have taken RM to an Employment Tribunal and have won their cases. It's about time RM started training their managers properly in employment law. This, also demostrates that this particular manager does not know RM sick procedures, why is he a manager?

I think you've answered your own question. RM want managers that will do as they are told. If they have an ounce if integrity RM will try to rip it from them. The good ones keep their heads down, luckily there aren't that many of them left, so RM can concentrate on us.