A WORKER has won £16,640 from an employer after a tribunal ruled he was unfairly sacked during the Covid lockdown.
Mr Matt Ham was an area supervisor at the cleaning firm ESL BBSW Ltd in Bristol, Bath & South Wales.
ESL BBSW Ltd is a business that is registered and operates from Wallingford and Ecocleen is the parent company.
Mr Ham took the case to an employment tribunal in Cardiff after the dismissal, claiming he was fired for having reasonable concerns.
In March last year, Mr Ham was asked to visit a house where is boss, Ms Kocinska and daughter were self-isolating with suspected Covid symptoms before taking equipment to a school.
The employee asked his boss if the trip was essential as he was concerned for his own health and safety.
However, the tribunal heard that after he relayed his concerns his boss then became ‘extremely rude and overbearing’ stating that ‘I am your manager and you should not question me and if I tell you to do something you should do it’.
Mr Ham said that he attempted to reiterate to Ms Kocinska that he had a genuine concern about his health and that as the school was closed, the equipment could be left there until such time as the pandemic was over.
He said the conversation then ended and later his boss phoned him and dismissed him on seven days’ notice.
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In the tribunal he pointed out that prior to this incident he had visited a self-isolating cleaner’s house to collect keys, during which visit he had no PPE and was concerned both for his health and that of his family, including his young children.
He also stressed that he had ‘not suggested for one moment that he would not work during the pandemic.’
The tribunal ruled that the worker was unfairly dismissed on health and safety grounds. Mr Ham also won £16,640 to make up for his loss of earnings over the pandemic.
Mark McMullen, chief commercial officer, Ecocleen Services Limited based in Wallingford explained that the company has now closed its franchise that Mr Ham was employed by.
He said: “We take very seriously the court’s ruling on this case involving one of our Franchisees, ESL BBSW Ltd in Bristol, Bath & South Wales.
“We have carefully considered the outcome and acted swiftly to ensure that employment law guidance from our HR partner is always upheld and sought in our business. Key personnel involved in the handling of this case are no longer in the business and learnings have been embedded by their successors.
“Additionally, due in part to this ruling, we have reviewed and terminated the Business Franchise agreement for ESL BBSW Ltd in Bristol, Bath & South Wales on June 1, 2021. We are confident that our actions demonstrate our resolve to address these outcomes.”
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