A BMW assembly worker has been handed £17,000 in compensation after he was fired for going into Burger King during his shift. Ryan Parkinson was working as an operative on the assembly line at a BMW factory in Oxford when he apparently 'disappeared' for almost an hour while working some overtime.
It's alleged that Mr Parkinson did not make his superiors aware that he was leaving but he strongly disputes this. He was consequently sacked following a disciplinary investigation into the incident, the Mirror reports.
Mr Parkinson received his job back after an appeal but when he left again without permission to collect sandwiches from his car, he was fired for a second time. He claimed race-related harassment, race discrimination and victimisation but these were all dismissed in the case.
However, he did successfully win against his employer for unfair dismissal and received £16,916 in compensation along with unpaid wages. Mr Parkinson had worked for the recruitment agency, GI Group since January 2014.
Employment Judge Stephen Vowles said: "[GI Group] failed to investigate the assertions by [Mr Parkinson] and his trade union representatives that this was a widespread practice done during break times by dozens of other employees. There was no evidence of any procedure in place by [GI Group] for obtaining permission to exit the site or to notify a supervisor of exiting the site or the recording of any such permission or notification.
"Leaving a secure area through a turnstile for a few minutes to visit a car in the company car park when, it seems, that many other employees did exactly the same, though not investigated by [GI Group], did not amount to gross misconduct. He left his place of work to visit his car to collect his sandwiches during a break."
The court heard that Mr Parkinson's supervisor had submitted a report in June 2018 which claimed the work had went 'missing off site' between 7:50pm and 8:45pm during an overtime shift. The report also stated that he not asked for consent or permission to do so.
Mr Parkinson became 'upset' and went home at 9:45pm but was questioned by his superiors three days later. He told them that he had left after the assembly team had finished their work and discussed what to have for dinner.
According to The Sun he said: "Everyone wanted a kebab, and I said I wanted a Burger King. My [co-workers] were talking about what they were going to get.
"I said I’m going to get a Burger King. I got on a scooter thing and went and got a Burger King and sat in my car until half past."
Mr Parkinson phoned a colleague at around 8:30pm who informed them that his co-workers were being made to work through their break as their food had not arrived. He then returned with his Burger King meal and was confronted by a supervisor who claimed he did not ask to leave, which Mr Parkinson denies.
The man was then given time off work for stress and anxiety from August 2018 to February 2019 and was sacked three months after his return, following a disciplinary hearing. On appeal, his dismissal was revoked to a final warning but upon returning to work, he was suspended for more allegations of leaving the site without authorisation.
In November, he was sacked for another breach of the same offence, and he brought his employers to tribunal.
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