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Driver awarded £1 ,795
Page 13
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By Peter Swingter A GEOPOST lorry driver and warehouse operative who was reinstated after being sacked for allegedly drinking alcohol at work has won a claim for unpaid wages for the "lost" weeks that he was unemployed.
Birmingham Employment Tribunal awarded Sarjit Singh Badial of Smethwick, West Midlands, £1,795 in unpaid wages against the parcels delivery firm.
Badial was actually sacked twice within months after eight years of service, the tribunal was told.
After being dismissed for allegedly drinking alcohol at work, Badial successfully appealed against the decision and was given his job back.
Badial alleged he was given a breath test every day by the management following his return to work. However, he was later involved in a dispute with the management and sacked again. This time his appeal was unsuccessful.
Taqdir Rains, representing Badial, told the tribunal that his client was entitled to the "lost" wages over a number of weeks between the first dismissal and the reinstatement because, technically, he had still been employed.
"You should disregard the first dismissal as if it never happened," said Bains.
The firm disagreed and opposed the claim, which was legally listed as an authorised deduction of wages.
Tribunal chairperson Frances Monk said the firm should have paid Badial his wages during the intervening period as if nothing had happened. She awarded him £1,795 back pay.
A claim against the firm for £1,600 costs by Badial was rejected by Monk.