Sacked B & Q worker wins reinstatement after union action
A Scottish B&Q worker
After months of struggling with Covid-19, a worker at B & Q was greeted upon their return to work with a disciplinary followed by dismissal for failing to follow absence procedures. Swift action by shop workers’ union members who are supporters of the Activist bulletin in Usdaw, which Socialist Party Scotland supports, challenged what was clearly a case of unfair dismissal.
‘Jane’ was challenged for not adhering to absence procedures as it was claimed that they hadn’t phoned in before their shifts to inform of their absence. However, as they tried to point out, they phoned on two separate occasions where they did not get an answer. When their condition worsened and they struggled to breathe, no allowance was made for their inability to phone in.
Even with their extreme ill- health, they tried to keep in regular contact with their boss to ensure that the business was kept informed of their condition and their inability to return to work. B & Q then invited ‘Jane’ to a stage one meeting whilst still being signed off sick with a doctor’s note. This was escalated to a stage two disciplinary when they didn’t attend, even though they were too sick to attend.
Initially, ‘Jane’ wasn’t sure how to proceed as B & Q does not even allow an employee the right to appeal a disciplinary decision unless they have been employed for 18 months. This goes completely against the accepted code of practice outlined by ACAS, considered the industry standard. However, as an employee can’t take a company to an employment tribunal before two years of continuous service, current employment law is stacked completely in the bosses’ favour.
‘Jane’ got in touch with Activist supporters who helped them draft a letter of appeal. In it they outlined that B & Q had not acted in a fair manner by not giving consideration to the fact that ‘Jane’ could not call in because of the respiratory nature of Coronavirus.
They also challenged B & Q for acting unfairly by escalating the issue by holding it against ‘Jane’ for not attending a meeting whilst she was still signed off as ill. Despite B & Q’s own no appeals policy, they invited ‘Jane’ to an appeal meeting, showing that their unfair policy can be overturned when put under pressure.
’Jane’ and an Activist supporter then participated in the appeal meeting, in which they challenged B & Q for not following their own policies. They also disputed going through with a disciplinary action on an employee ill with Covid-19, which exacerbated their condition with unnecessary stress during their illness.
The result of the appeal was that ‘Jane’ was reinstated with pay backdated to their initial dismissal. This is not only a victory for ‘Jane’; it shows that B&Q, indeed any company, can bend the knee when shown an organised resistance.
It is a victory like this that shows the vital role that trade unions can play in defending workers’ rights and thus the need for workers to join and organise with a trade union.
As bosses look to cut back on staff using coronavirus as a cover, the workers’ movement must coordinate action and challenge bosses to protect jobs and ensure that workers do not pay for the coronavirus crisis.
