Member wins appeal against unfair dismissal

19 November 2012

A PCS member working for the Department for Work and Pensions has successfully reversed a decision to terminate his employment.

The member, Shaun Stewart who works for Palmers Green Jobcentre Plus, achieved the result after management was shown not to have followed guidance regarding disabled members.

In January 2010 Shaun was the victim of a savage, unprovoked attack during which he was stabbed 18 times and beaten in the head with a gun.

Shaun lost an eye and suffered from post traumatic stress syndrome.

The union claimed that since the attack Shaun has received no support from management and was, in fact, overloaded with work – even covering two full diaries at one point.

As a result Shaun was signed off with work related stress with occupational health advising, “I recommend management ensure that the workload is monitored to avoid uneven, unexpected or excessive demands.”

But management ignored the advice and took action against his attendance record. He was unfairly dismissed but reinstated after PCS helped organise a successful appeal.

“Management were shown not to have followed their own procedures and to have ignored the advice from ATOS,” said DWP industrial officer Steve Cawkwell, “It is an excellent result and we must thank the DWP north London branch for all the work they did.”

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