GMB secures record compensation of over £550,000

A GMB member has been awarded £550,499.09 the highest recorded compensation in a claim of disability discrimination against his former employer Lambeth Serviceteam Limited, now Veolia Environment Services Lambeth. The GMB supported claims on behalf of 24 members in total and recovered compensation of over £1.3million.

The member, who has learning difficulties, worked as a gardener in the London Borough of Lambeth and achieved the record compensation which includes loss of earnings from the date of dismissal when he was aged 34 years until retirement age. The GMB supported claims on behalf of 24 members in total, all of whom worked as gardeners for the company, some of whom had almost 40 years service at the date of their dismissal. Four of the members also won their claims of disability discrimination.

The members were dismissed following a redundancy exercise in March 2004. GMB issued proceedings for unfair dismissal. The claims were subsequently handled by the GMB solicitors, Rowley Ashworth. The Croydon Employment Tribunal agreed that the Claimants had been unfairly dismissed, stating that the application of Lambeth Serviceteam’s redundancy selection criteria were arbitrary and not consistent with the company’s internal policies or its stated aim of achieving a commitment to horticultural excellence.

The Tribunal also found that Lambeth Serviceteam had discriminated against four of the claimants on the grounds of their disability stating that consultation with the individuals was inadequate, considering the disabilities in question. The Tribunal held that the company had breached its own Equal Opportunities Procedures in failing to take into account disability within the redundancy selection criteria.

Speaking on behalf of GMB’s solicitors Rowley Ashworth, Asha Wije said: “The Tribunal judgment shows that companies face significant risks in compensation claims if they fail to comply with the provisions of the Disability Discrimination Act in the workplace.”

Richard Ascough, Regional Secretary of the GMB who lodged the claims on behalf of the workers, said: “I am delighted at this substantial victory for our members who have been very shoddily treated by their employer after many years of loyal service. This case should also send out a very clear message to employers that the GMB will fight against disability discrimination in the workplace on behalf of its members.”

The members were supported from the start by the GMB’s Lambeth Branch Secretary, Bill Modlock. He said: “It was clear from the outset that management had no intention of consulting meaningfully with the workforce and GMB members were treated abysmally. It was regrettable that Lambeth Serviceteam management ignored joint procedures especially as it was made clear from the first meeting that the GMB would issue proceedings if management continued to ignore our concerns and railroad through the dismissals.”

Press enquiries: Stephanie Lennon, Rowley Ashworth Solicitors Direct Dial 0121 212 6812

Editors Notes

1. Rowley Ashworth Solicitors specialise in employment law and personal injury claims for trades unions and their members. The firm has eight offices nationwide working on behalf of GMB, Unite (Amicus Section), Unite (TGWU Section) and USDAW.

2. Rowley Ashworth Solicitors is regulated by the Solicitors Regulation Authority.

3. The 24 GMB members, some of whom had close to 40 years’ service at the date of their dismissal, were all gardeners for Lambeth Serviceteam Limited, now Veolia Environment Services Lambeth. and were previously based at the various parks throughout the London borough of Lambeth including Clapham Common, St John’s Church, Hatfields, Ufford Street, Emma Cons Gardens, Millennium Gardens, Bayliss Road Nursery, St Mary’s Gardens, Lambeth High Street, Peddlars Park, Spring Gardens, Cleaver Square, Kennington Green, Kennington Oval, St Mark’s Church and Claylands.