Rejection for unfair dismissal claim postie manager got £76k

[TrueBlueTerrier]

Tribunal delivers rejection for unfair dismissal claim after hearing Dudley postie manager got £76k payout

http://www.halesowennews.co.uk/news/bla ... y/10691853._/" onclick="window.open(this.href);return false;?

A DUDLEY-based Royal Mail manager's claim for unfair dismissal was rejected after a tribunal heard he accepted a £76,000 redundancy payout.

Roy Sylvester told Birmingham Employment Tribunal, where he made a compensation claim for constructive unfair dismissal, that he left after being bullied and harassed.

He had been based at the Royal Mail’s depot at Trinity Road and was responsible for hundreds of Royal Mail employees in both the Dudley and Wolverhampton areas as a delivery and collection manager.

He complained he was put under enormous pressure in his job and alleged he was bullied and harassed by a manager.

Mr Sylvester, who had 16 years service, said: “I was unhappy about the way I was being treated.

“I was not wanted in the team and the management did not try to find me another role.”

He said he had no other option but to resign – prompting his claim for constructive unfair dismissal.

Steve Peacock, representing the Royal Mail, objected against Mr Sylvester’s case going ahead and applied for it to be struck out.


He denied Mr Sylvester had resigned and said he had been paid £76,000 after accepting voluntary redundancy.

Mr Peacock said the respondents also denied that Mr Sylvester had been bullied and harassed.

He said: “He left under mutual consent after taking voluntary redundancy although he had never been at risk of being made redundant.

“He says he resigned but where is the resignation letter? He cannot take voluntary redundancy and then claim constructive unfair dismissal.

“How can voluntary redundancy be classed as constructive unfair dismissal.”

Mr Peacock said that because Mr Sylvester had accepted the cash he had no prospects of winning his case if it was allowed to go ahead.

Tribunal judge Robert Pirani agreed with Mr Peacock’s comments and struck out the claim.

Mr Sylvester who is now living in Willenhall, said he was now unemployed.

[Red Robbo]

£76K payout, I wonder who advised him, a get rich quick solicitor ??

[fishtank]

It's an embarrassing case and if he was actually bullied he has done no favours to anyone receiving the same treatment.

He has tried to use the argument that dismissal can also include "By agreement of the parties" but this would only include VR if you could show that the VR was a sham and only on offer as a way to dismiss you.
Since the business was already offering VR that isn't going to fly.
To be honest if this guy wasn't flying solo and someone was offering him professional legal advice they should probably look for a different career.
A 5 minute google session would be enough to tell you this wasn't going to end well.

[UnhappyGremlin]

He complained he was put under enormous pressure in his job and alleged he was bullied and harassed by a manager.

Now he knows how the rest of us feel.

[chooch]

Followed by 2 (two) 'Unfair Dismissal' ads ~

[Darren Bent]

76K - I would love to get that :(

He can use 50 grand to start up a business as he got management skills. So why he is still unemployed.

[britwrit]

That's £76,000 clear and free of tax too. Please, where do you sign up for this sort of bullying?

[RobertT]

That's £76,000 clear and free of tax too. Please, where do you sign up for this sort of bullying?

Only the first £30,000 is tax free.