OWNERS of a Glasgow restaurant have been ordered to hand over £13,500 to an employee they unfairly sacked after failing in a bid to avoid paying the cash.
Gerry McEvoy was left homeless and £20k in debt after being fired from his job as a night shift cleaner at German Doner Kebab in Renfield Street after a row with a manager over holiday pay.
A tribunal ruled that management at the Renfield Street franchise had broken the law when they dismissed the 47-year-old Cowcaddens man – and awarded him the five-figure sum for breach of contract, unpaid wages and unfair dismissal.
Restaurant bosses however tried to overturn the verdict, demanding a fresh hearing after saying they had failed to receive any notification of Gerry’s claim as the paperwork had not been sent to their registered office – despite being delivered direct to the city centre eatery.
A tribunal judge refused their appeal – highlighting that they had directly referred to the reference numbers assigned to Gerry’s case in their submission despite claiming to have never been aware of the original hearing.
They also said German Doner Kebab had failed to provide any further evidence to support its position that Gerry had acted in a threatening and intimidating manner towards his former boss before he was fired.
Despite his victory, Gerry says he still anticipates a fight to receive his award.
He told the Glasgow Times: “Their final appeal has been thrown out, they should do the right thing and settle with me now.
“If I need to I will find the money from somewhere to appoint sheriff officers and tell them to march right into that restaurant and take the goods to meet the debt. If they think I’m just going to disappear, they are wrong.”
The chain also said it would be in the "interests of justice" for the case to be heard afresh, with the tribunal deciding cumulatively there were no grounds to support the suggestion that procedures hadn’t been correctly followed at the original hearing.
READ MORE: Glasgow restaurant appeals court decision to award £13k to ex-employee
We previously told how Gerry appeared at the original tribunal to give evidence, with nobody appearing on behalf of the franchisee.
The hearing was told that on June 2 this year, the cleaner became embroiled in a disagreement with the manager of the branch in respect of holiday pay for a six-day break he had taken in May.
Gerry admitted that he shouted in frustration when he was told he wouldn’t be given the full amount he believed he was owed – but denied making any threats of violence.
The tribunal was told that the cleaner was sent a letter headed "confirming suspension and continuing investigation" that outlined how the firm was probing claims that Gerry had "exerted bullying behaviour".
He then received a further letter saying that if he failed to attend a meeting in June, a decision would be taken in his absence.
He said: “I was in the right, if I was well enough I would have gone to defend my position, I didn’t want to lose my job and would have fought to keep it.”
Gerry was then lettered to tell him he was sacked with no notice or pay in lieu of notice – leaving him penniless. Soon his bank account was empty and he ended up in £20k of debt and living in a homeless shelter.
The judge’s original ruling described the sacked worker as a "completely credible witness" and also noted a lack of corroboration for any claims that the 47-year-old had made any threats towards his ex-boss.
German Doner Kebab was asked to address specifically the reason for appealing the original decision, failing to engage with the tribunal process and the delay in paying Gerry his money.
A German Doner Kebab (GDK) spokesperson said: "GDK is the UK's fastest-growing restaurant chain and we work closely with all of our franchise partners to create a positive and inclusive work environment for every member of the GDK family.
"We value all our people who are at the heart of the GDK experience and the welfare of our community is among our highest priorities.
"GDK operates within the highest industry standards and expects all of our franchisees to follow suit, whilst also legally complying with UK employment legislation."
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