Published: 02 February 2007
Financial recruiter James Harvard has settled a case with a former employee who claimed unfair dismissal after she lost her job after taking two days sick leave.
Nattashar Gittens, who was caught up in London's July 2005 bombing, was sacked after she went home in distress following the death of a friend's mother in April last year.
Gittens suffered pain from a back injury, nightmares and flashbacks after being blown off her feet by the Tavistock Square bus bomb that summer.
She was sacked from her £19,000 a year job as a receptionist only a week before she would have had one year's service and legal protection against unfair dismissal.
However, the panel at the Central London Employment Tribunal ruled that, including the three weeks she worked as a temp and the one week's notice she was denied, her employment amounted to one year and a day and so her claim could proceed.
Gittens said: "I wanted to get some sort of justice for the way I was treated. It was nasty and underhand and I don't think they should be allowed to get away with that."
In a statement James Harvard said: "We are delighted for all involved that this matter has been resolved to the satisfaction of all parties.
"As we have said throughout this process, we treated Nattashar with the utmost patience and sympathy through what was a difficult time for her."
It's good to see that the ETS ruled in favour of the claimant. This case should send a strong signal out to all employers who feel that they can interpret employment law as they see fit.
Length of service or status of the claimant, temporary worker or otherwise should be disregarded in cases where there has been blatant wrongdoing by the employer.
Richard 06 Feb 2007
I thought sense was coming to Employment Tribunals following the recent Merena James case where the Temp was not considered an employee of the client but this case indicates that a Temp is considered as employee of the client. I wonder if we shall ever get consistancy of legal interpretation from Employment Tribunals?
Tom Atkinson 02 Feb 2007
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