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Alan Carnegie Plastering Services unfairly sacked labourer by text message

Alan Carnegie Plastering Services unfairly sacked labourer by text message

A Forfar man was sacked from his labouring job with an Angus plastering firm by text message, an employment tribunal has heard.

Arthur McGinnis, of Glenmoy Place, was awarded £900 after the tribunal unanimously found Alan Carnegie Plastering Services Ltd of Muirdrum had unfairly dismissed him as they had not previously provided him with his terms and conditions of employment.

The tribunal heard Mr McGinnis had sent a text message in October last year to Mr Carnegie saying he would not be able to work that day as his baby daughter was ill and he had been up all night.

Mr Carnegie and his wife Gail had both replied by text, effectively sacking him as it came after several periods of absence since his child was born five months previously and Mr McGinnis believed his employment had been terminated for that reason on October 12.

The tribunal noted there had been a dispute during evidence over the reason for his sacking, with Mr Carnegie claiming he had told the labourer that there was no work due to the recession and once things had picked up he would give him his job back.

Mr McGinnis said in evidence, however, that there was no such discussion between him and his boss.

The tribunal agreed with Mr McGinnis and ruled the reason for his dismissal was misconduct, and that the company had failed to provide him with his terms and conditions of employment.

However, they said it would have been “inevitable” and “100% likely” that Mr McGinnis would have been made redundant in any case due to the economic downturn.