post front nov 20

Weston pier tribunal ruling to be made next year

Saturday, November 07, 2009, 07:00

The owners of the Grand Pier at Weston-super-Mare face a wait until next year to find out if they have lost an unfair dismissal case launched by five former employees.

Siblings Kerry and Michelle Michael will be told in January if they have successfully defended claims including unfair dismissal, breach of contract and unlawful deduction of wages.

Yesterday, legal experts concluded their arguments at the tribunal, which was held at the Crescent Centre in Temple Back.

Claimants Robert Evans, the former assistant manager, staff manager Malcolm Wood, pavilion manager Thomas Sprackman and floor managers Peter Chiarletti and John Parker allege Mr Michael swore at staff and made threats to pay them off two months before the fire which destroyed the pier's pavilion last year.

They also claim they were selected for redundancy because they earned higher salaries than other staff and Mr Michael told them he was reluctant to inherit them when he bought the business in February 2008 and would have preferred to have employed Poles.

The Michaels denied the claims and told the tribunal they wanted to keep all their staff in work after the blaze in July 2008 and only parted company with the claimants after they accepted voluntary redundancy.

Representing the former employees, Miss Gower said the claimants' bonuses were unfairly axed in May last year.

She said: "The employer said the bonuses were discretionary but documents don't support that contention. The documents support the claimants' case that the bonuses were automatic."

She said it was a case of unfair dismissal because the employees were not provided with information about what jobs would have been available had they decided to stay at the company

Miss Gower told the hearing two of the former employees, Mr Parker and Mr Wood, did not confirm that they had accepted voluntary redundancy and said the five men should have been considered for security jobs.

Barrister for the Michaels Nick Smith said the owners had acted 'perfectly reasonably'. Mr Smith said: "Between July 28 and November 28 they were doing what have been described as 'menial tasks' and were earning £43,000, £46,000 and £47,000 a year for this.

He said the Michaels "acted in the interests of their staff and did not take a bullying and underhand approach as the claimants would lead you to believe."

The case is scheduled to resume on January 20.