Pier Owner Says Tribunal Was a Distraction

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By vickifitz | Thursday, January 21, 2010, 09:57

GRAND Pier co owner Kerry Michael says an employment tribunal brought against him by former employees was a distraction from the main job of rebuilding the pier.

Mr Michael and his sister Michelle were taken to a tribunal at the end of last year by five staff members after they were made redundant in the wake of the 2008 pier fire.

They were told in December there was no more work for them because of the pier having to close while the rebuild took place.

Judge Colin Sara upheld their claims of unfair dismissal but dismissed allegations of breach of contract, failure to pay bonuses and unlawful deduction of wages.

The judge was due to award sums at a hearing yesterday but it was cancelled after the two sides came to an agreement out of court.

Former assistant manager Robert Evans and colleague John Parker were awarded £2,500 each; pavilion manager Thomas Sprackman and colleague Peter Chiarletti received £1,750 each; and staff manager Malcolm Wood got £1,500.

Mr Michael said: "I am very disappointed that these claims were brought at all and I am pleased that the tribunal found there was a genuine and unavoidable redundancy situation here.

"It also found that we sought to treat our staff fairly and kept their employment going for as long as we possibly could and when it became obvious that it could not continue, we offered enhanced redundancy terms to assist them.

"We are pleased that the Tribunal also found in our favour in respect of the breach of contract and unlawful deduction claims that were alleged.

"The Tribunal found that there was a technical flaw in the process of redundancy and this was reflected in the settlement levels which were £1,500 to £2,500 as opposed to the £60,000 to £78,000 claimed by each of the claimants.

"I believe this whole process was avoidable and unfortunately, it has been a distraction from the main job at hand which is to re-build the Grand Pier Pavilion even bigger and better than before.

"Now this is settled, we can get on and deliver a World class attraction that Weston can be proud of and one that will create more than 250 new jobs."

Judge Sara said: "Our substantial finding is that, whatever process the claimants had gone through, they would all have been made redundant, because their jobs were redundant and there were no suitable alternative posts.

"The respondents were in similar circumstances to other employers who were closing a business for a substantial period.

"There was nothing to stop them following the correct procedures."

      

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