Skip to main content

UKBA slammed over trade union sacking

Tribunal tells Home Office it had no case for gross misconduct

Home Office officials were given a dressing down yesterday for their "dismissive" attitude to the law and ordered to reinstate an office worker who had been unfairly sacked for carrying out his trade union duties.

Public and Commercial Services (PCS) member Kevin Smith worked as an administrative assistant at the offices of the UK Border Agency in Liverpool.

He is office representative for his union and a member of his branch executive committee.

Mr Smith, 27, was sacked for alleged "gross misconduct" shortly before Christmas last year and has been unemployed ever since despite applying for more than 20 jobs.

Backed by his union, he took his case to an employment tribunal in Liverpool.

The tribunal has ruled that the Home Office unfairly sacked him because of his union activities, and ordered that he should be reinstated.

Before his dismissal Mr Smith had complained that managers had victimised him because of his trade union activities.

The tribunal was told that he had offered to go to mediation with the four managers concerned, but all of them refused to participate in the mediation process - instead launching their own complaints against him, resulting in his sacking.

PCS immediately launched a campaign for his reinstatement and union members in his local office voted to take industrial action in March.

The tribunal ruled that Mr Smith's claim that he was unfairly dismissed on grounds related to union membership or activities was "well-founded and succeeded."

The tribunal chairman also said the Home Office "appears dismissive of the rules which are in place in the interests of justice" and added: "There is no evidence before me that the claimant was unable to perform his duties satisfactorily or that the respondent had qualms, or any reason to have qualms, about his work."

PCS Home Office Merseyside branch spkesman Martin Kelsey said: "Having been unfairly sacked by Home Office management because of his trade union activities, PCS are delighted that the stance taken by Kevin Smith, and by PCS, has been vindicated."

OWNED BY OUR READERS

We're a reader-owned co-operative, which means you can become part of the paper too by buying shares in the People’s Press Printing Society.

 

 

Become a supporter

Fighting fund

You've Raised:£ 3,793
We need:£ 14,207
27 Days remaining
Donate today