22,000 payout for former Burnley postman after employment tribunal

[TrueBlueTerrier]

http://www.lancashiretelegraph.co.uk/ne ... _tribunal/" onclick="window.open(this.href);return false;

A FORMER postman has received a £22,000 payout after an employment tribunal found he was unfairly and constructively dismissed.

But claims that Adam Gregory was the victim of sexual discrimination while working at Royal Mail's Burnley Delivery Officer were dismissed.

The tribunal, held in Manchester, heard that Mr Gregory had worked for Royal Mail since July 1993 and was initially employed on a standard fixed term contract.

Following a divorce in 2012 he approached his manager at the time, Paul Shaw, requesting that he only work Monday to Friday to allow him to meet childcare needs.

In August 2012 Mr Gregory signed a letter changing the terms and conditions of his contract which stated he did not work Saturdays.

The following July, Mr Gregory was made subject of a disciplinary over allegations of the 'scanning' of a post box while on duty and was given a six-month suspended dismissal. Mr Gregory returned to work on the same shift pattern.

In early 2015 Royal Mail went through a restructure which required all the employees at the Burnley office to be reallocated duties.

As a result employees were invited to pick one of three preferred shift patterns, but as Mr Gregory was on holiday a union representative chose his pattern.

The shift that was picked for him involved Mr Gregory working six days per week, including one Saturday per month.

On his return from holiday Mr Gregory objected to the new shift pattern and completed a second flexible working hours application.

That request was refused on the grounds of the burden of additional costs, an inability to reorganise work amongst existing staff or recruit additional staff, a detrimental impact on performance and planned structural changes.

Mr Gregory appealed the decision but that was rejected in August 2015.

The following month, before he had worked his new shift, Mr Gregory was signed off sick with stress.

In April 2016 Mr Gregory's solicitor sent Royal Mail a letter raising a formal grievance on behalf of his client. That stated there there had been 'unilateral changes to his contract of employment', there were 'breaches of duties regarding flexible working', there was 'direct sex discrimination' and 'injury to his health'.

The following month Royal Mail sent a letter to Mr Gregory admitting that his terms and conditions had been changed in a letter from Mr Shaw in 2012, meaning that he worked 11am to 7pm on a Monday to Friday.

Mr Gregory undertook a phased return to work and still did not work Saturdays.

Other colleagues with 'ring-fenced' contracts were asked if they would cover Mr Gregory's Saturday shifts but they refused.

In June 2016, Mr Gregory was sent a letter informing him his working pattern would change to include Saturday working.

Mr Gregory's Communication Worker's Union representative replied to the letter saying it was 'cynical' and came just one month after the company had acknowledged his previously agreed terms and conditions.

Nick Turner from the Royal Mail's human resources department responded by saying 'it was clear that the claimant’s current attendance pattern was unsustainable within the Burnley unit, and that the proposed change, due to take effect on July 14, 2016, would proceed.'

Mr Gregory resigned on July 15, 2016, and claimed Job Seeker's Allowance until January when he set up his own painting and decorating business.

After finding the constructive and unfair dismissal claim proved employment Judge Paul Cyril Holmes ordered Royal Mail to pay Mr Gregory a £10,577 basic award, £8,486 compensation and £3,008 damages for breach of contract.

A Royal Mail spokesman said: “ Royal Mail accepted the findings of the employment tribunal and the judgement has been paid out to the former employee.”

[daveyeff]

22 grand for screwing someone's life up. they couldn't give a toss about its employees.

[Dorset Plodder]

I wonder how many potential claims there are waiting to emerge? I expect RM are quite happy to continue with their Management Practices because they know the majority of Posties can't be bother to pursue claims, for whatever reason.

[datasaint]

So they lost a full time postie and all it cost them was 22K? Little over half what they'd pay in EVR.

He should have stayed and fought his case.