A BMW factory worker has won more than £16,000 after being sacked for collecting sandwiches from his car during his break.
Ryan Parkinson successfully sued his employer GI Group, a recruitment company which provides temporary labour to the carmaker’s Oxford factory, for unfair dismissal after his supervisor claimed that he had left the site on two occasions without permission.
Mr Parkinson, who worked on the assembly line, argued that he had only gone to the car park to collect his sandwiches, an area which he considered part of the factory site.
It was the second time that Mr Parkinson had been sacked over claims he left the BMW factory, which manufactures the Mini, without permission.
Mr Parkinson was first sacked after his supervisor filed an incident report claiming that he “disappeared” during a Sunday overtime shift at 7.50pm on June 17 2018.
His supervisor said that Mr Parkinson had not asked anyone for permission, and that he returned at 8.45pm with a meal from Burger King. He confronted Mr Parkinson, who then went home appearing “upset”.
‘Everyone wanted a kebab’
Three days later Mr Parkinson was interviewed about the incident, and said that he left for Burger King after his team finished a particular job and began to discuss food, saying: “Everyone wanted a kebab and I said I wanted a Burger King.”
He said that he then got on a scooter and went to the outlet.
After he collected his meal he sat in his car to eat it. He added that he rang a colleague from there to ask him what was going on back at the factory.
“[The colleague] replied that they made us work through break as the kebab had not come yet,” he said.”After I spoke I picked up what I had left from the Burger King and came inside looking for everyone.”
On Aug 23 Mr Parkinson was signed off work by his GP for work-related stress and anxiety. He continued to be signed off for further periods until Feb 2019.
He returned to work but was subject to another incident report over allegedly leaving the site without permission on May 13 2019. It was said that he had also left the site without permission on May 14.
Immediately suspended again
A disciplinary hearing took place on May 15 2019 for the earlier Burger King incident and Mr Parkinson was sacked. However, this was replaced with a final warning after he successfully appealed the decision in June. He returned to work again on July 8 and was immediately suspended again for leaving the site without permission on May 13 and May 14.
He was then sacked again on Nov 25 2019 for gross misconduct. In his evidence, Mr Parkinson said that these two trips were to the car park to collect his sandwiches during a break. He also maintained that the car park was part of the site.
The tribunal found that there was genuine confusion in Mr Parkinson’s mind about what was “on site” or not. It ruled that his dismissal over the two May 2019 trips was “procedurally and substantively unfair”.
However, further claims of race discrimination, race-related harassment and victimisation made by Mr Parkinson against his employer were dismissed.