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Sales worker claims unfair dismissal against Fab Systems

Post Time:Apr 16,2012Classify:Company NewsView:300


A SALES manager is demanding £10,000 compensation after launching an unfair dismissal claim against a window firm.


Andrew Moran has taken Newcastle-based Fab Systems to an employment tribunal to try to claim unpaid wages and holiday pay.


But Fab Systems, which deals in double glazing and conservatories, is fighting the claim after arguing Mr Moran was only ever self-employed.


Now a tribunal judge will rule on Mr Moran's employment status before deciding if a full hearing into his compensation claim can be held.


Mr Moran, of Ford Green Road, Smallthorne, told the Birmingham tribunal this week that he had been paid on an hourly basis.


He claimed this therefore made him a full-time employee.


But the firm, which made only £14,000 profit last year despite increased turnover, said Mr Moran had been self-employed and denied he had been dismissed.


They opposed Mr Moran's "employment status" claim and alleged he had "walked out on the job".


Mark Richards, who helped to run the business, told the tribunal that Mr Moran chose the hours he worked and was never given a contract.


He said Mr Moran had once come to work on a bicycle and made a successful "cold call" at a woman's house on the way, which he said proved that he worked how and when he liked.


The tribunal later heard that representatives and canvassers were all recruited on a self-employed basis.


Mr Richards told Mr Moran: "I am appalled by what you have done in taking the firm to the tribunal.


"People working for the firm are well looked after."


Tribunal judge Robin Balmain said he would make a decision about Mr Moran's status at a later date.


That would dictate whether a full hearing into Mr Moran's compensation claims could go ahead possibly later this year.


Source: http://www.usgnn.comAuthor: shangyi

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