AN ANGUS farm worker was unfairly dismissed by his employer over a mix-up about holidays.
Roy Hendry, of Goosecroft, Forfar, did not turn up for work at Meikle Coull Farms, Tannadice, on Friday, March 9 this year after being allowed to take a week off, an employment tribunal in Dundee was told.
The farms had no formal system for recording holidays, however, and senior partner James Farquharson expected him to return on March 9 to straw and feed livestock.
Graeme Farqharson, his son, telephoned Mr Hendry about his absence, and he said he had taken the Monday off as agreed holidays.
Mr Farquharson, who had known Mr Hendry was thinking of leaving to become a drystane dyker, did not accept the answer.
He understood Mr Hendry had given notice to leave and said he might as well “go now” and not come back.
The tribunal found Mr Hendry, who raised unfair dismissal proceedings, a credible witness but had some doubts about his reliability.
They found James Farquharson credible and reliable but did not accept his contention that Mr Hendry had resigned. They found his son Graeme credible but did not accept his evidence on the telephone call with Mr Hendry.
The tribunal did not find the case easy to decide as the evidence on both sides was not completely clear. They did not accept that Mr Hendry was agreeing to leave his job or waive his rights to notice.
They ruled that Mr Hendry was unfairly dismissed. He had not given notice and, if he had, his employment was terminated early.
“The claimant was dismissed because of a row arising from a misunderstanding, not only in relation to to the issue of notice but because he had not turned up to work that day,” the judgment stated.
There appeared to be a genuine misunderstanding about the length of the agreed time off, and the judgment said this highlighted the dangers of not keeping a record of holidays.
Mr Hendry was awarded £1,270 for unfair dismissal and pay in lieu of notice of £680.