BAKERY giant Warburtons has paid out more than £16,000 for unfairly dismissing a worker and union shop steward based at its new bakery in Wakefield.
The employment tribunal ruled that the Bolton firm had discriminated against 66-year-old Peter Charman — a sufferer of type two diabetes — because of his disability.
United Road Transport Union URTU shop steward Mr Charman was a bread sales delivery driver based at Warburtons’ Tuscany Park bakery — the largest in Europe.
But he was sacked on August 13, 2012, after the company suspected him of dishonesty and launched and investigation followed by a disciplinary procedure.
The tribunal panel chaired by employment judge Deborah Licorish unanimously concluded that Mr Charman’s claim for unfair dismissal was successful.
In the judgement, the panel said if Warburtons had followed the correct procedure, Mr Charman would have been fairly dismissed.
The tribunal also said there was insufficient evidence to conclude Mr Charman had been dishonest — as opposed to failing to adequately explain his actions.
The allegations had centred around deliveries of bread made by Mr Charman to retail outlets in the Yorkshire area.
Warburtons was also ruled to have discriminated against Mr Charman by stopping his company sick pay.
The judgement said the firm failed to comply with its duty to make reasonable adjustments for Mr Charman as a disabled person by allowing him to put his representations in writing rather than attending a disciplinary hearing in person.
Mr Charman, of South Hiendley, Barnsley, has received a basic award of £7,740, loss of earning payment of £1,324.80 and £7,000 for injury to feelings in addition to an interest payment of £82, bringing the total payout to £16,146.80.
Mr Charman, who earned £31,000 a year, had worked for the company for 13 years and had been diagnosed diabetic in 2003.
A spokesman for Warburtons said: “The tribunal was satisfied the company had reasonable grounds for suspecting Mr Charman of theft and in commencing disciplinary proceedings.
“The company respects the findings for the tribunal. As an equal opportunities employer we will make sure we take on board the procedural points in the tribunal’s judgement.”
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