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7:40am Friday 18th December 2009
A KIDDERMINSTER van driver who was the last of his kind left at his firm, was asked by a Birmingham Tribunal chairman if he wanted his job back after winning a claim for constructive unfair dismissal.
Michael Farrelly, of Dunlin Drive, Kidderminster, told tribunal chairman, David Dimbylow: “Ideally, yes, but I don’t think it would work out.”
Mr Farrelly was commenting after winning his compensation claim for constructive unfair dismissal against Christopher Vincent, trading as Turbo Spares UK, of Worcester.
Mr Farrelly said he had been employed by the firm to bring spare parts for the motor industry to the UK from Europe.
But he alleged he was not given enough work on a part-time basis and most of the work was given “to others”.
He said he could not live on his wage and resigned, prompting his compensation claim for constructive unfair dismissal.
He also complained that he was not given conditions of his employment and not told exactly who he was working for.
Mr Vincent, of Eagle Drive, Kinlet, opposed Mr Farrelly’s claim and complained the firm had been badly affected by the devaluing of the euro with the pound.
“We bought spare parts from Europe because they were cheaper than buying them in this country but when the value of the euro was affected, it was catastrophic for us,” said Mr Vincent.
“Mr Farrelly was the last one left of our drivers and there was just not enough work for him. We wanted to keep him on but we were losing our customers.”
Sue Nobes, of Milton Close, Kidderminster, who also worked for the firm, gave evidence to support Mr Vincent.
After Mr Farrelly declined Mr Dimbylow’s offer of reinstatement, Mr Farrelly was awarded a total of £828 after the tribunal decided he had been unfairly constructively dismissed.
Mr Farrelly said he now had another job with an agency firm.
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