A bus driver has accused Xplore Dundee of withholding his wages while he tried to protect his heavily pregnant wife from Covid-19 at the height of the pandemic.
Ross Donald is suing the bus firm amid claims managers gave him a choice between unpaid leave or returning to work from furlough.
Papers lodged with the tribunal service allege he was unfairly dismissed, after going on sick leave, on the grounds that Xplore acted with “total contempt and a lack of compassion”.
It is claimed the situation left Mr Donald struggling to put food on the table for his three children and wife Tina, who was pregnant with twins last year.
‘Case is in the public interest’
The tribunal papers have been lodged by Dundee law firm Muir Myles Laverty (MML) which is seeking financial compensation for unfair dismissal.
Ryan Russell, head of employment and a partner at MML, said: “There are many aspects of this case which are in the public interest as to how the employer treated Mr Donald during the pandemic.
“It would not be appropriate to comment on the specifics but there are Covid-19-related issues, mental health and how the employer treated Mr Donald in the aftermath of the twins being born prematurely mid-pandemic while having other young children at home.”
The claim states Mr Donald was treated “shamefully and disgracefully”.
Furlough ended after two months
The public-facing worker was placed on full-pay furlough in April 2020 because pregnant women were advised to shield under government guidance at the time.
But in employment tribunal papers, the transport company is accused of ending the furlough arrangement – despite other drivers still being on the scheme – and putting him on unpaid leave instead.
The firm is also accused of unfairly denying him full sick pay when he was signed off with anxiety and stress.
It is claimed that Mr Donald went a total of 15 weeks without pay before he was eventually sacked in July this year.
‘Best ever job’ turned sour
Tribunal documents say the dad-of-five had worked at the company for eight years with the Mid Craigie resident seeing his role as a bus driver as the best job he had ever had.
However, papers say that changed when the firm allegedly told him he must either return to work during the earlier stages of the Covid-19 pandemic last June or go without pay.
The 41-year-old claims that he felt he had to choose between protecting the health of his partner and unborn children, or going back to work to ensure he could feed his family.
The documents also allege that the situation escalated when he felt forced to return to work and his mental health deteriorated.
Amid the alleged struggles, the pair’s twins were born prematurely and suffered from a milk allergy as well as severe reflux.
It is claimed that Mr Donald was eventually signed off with stress and anxiety, but that rather than cover his wages in full, the firm opted to give him statutory sick pay.
Mr Donald claims this was against the firm’s policy for those with his length of service.
The payment is the minimum legal amount by law and comes in at just under £100 per week.
It is claimed that full sick pay was later reinstated and backdated, but that Mr Donald was sacked just a month later on capability grounds.
Xplore Dundee has not responded to a request for comment.
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