OWNERS of a Glasgow restaurant ordered by a judge to pay an ex-employee over £13k after unfairly dismissing him have finally settled the debt - after the Glasgow Times' intervention.
Gerry McEvoy was left broke and homeless after being wrongly fired from his job as a night shift cleaner at German Doner Kebab 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 a five-figure-sum to cover breach of contract, unpaid wages and his unfair dismissal.
Restaurant bosses however tried to overturn the verdict, demanding a fresh hearing amid claims they hadn't been notified of Gerry’s legal action after paperwork was sent to the eatery and not their registered office.
A tribunal judge however refused their appeal, highlighting that they had directly referred to the reference numbers assigned to Gerry’s case in their submission despite saying they knew nothing about it.
Speaking exclusively today to the Glasgow Times, Gerry says he can now start to rebuild his life after the money finally landed in his bank.
He said: “I’ve been to hell and back fighting for money I was owed. I can’t thank the Glasgow Times enough for supporting me and for fighting my corner.
“It’s such a massive relief to finally have this resolved as I was starting to think that I would have to involve sheriff officers to recover the debt. That would have been another expense I could ill afford.
“It’s a nice way to start off 2024 and the money will go toward clearing some of the debt I was forced into after losing my job. I just hope lessons are learned from what they put me through and that the appropriate changes to how things are run at that branch are made. Last year was very difficult for me both emotionally and financially, but I’m just glad I stood my ground and that the judge found in my favour.”
We previously explained 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 last 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.
READ MORE: German Doner Kebab to pay £13k after Glasgow man's sacking
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 the threats of violence his boss had described.
The tribunal was told that Gerry was then sent a letter headed "confirming suspension and continuing investigation" that outlined how the firm was probing allegations that Gerry had displayed “bullying behaviour".
He then received further correspondence saying that if he failed to attend a meeting in June, a decision would be taken in his absence.
Gerry was then lettered to tell him he was sacked with no notice or pay in lieu of notice – leaving him 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 he had made any threats towards his ex-boss.
A spokesperson for German Doner Kebab 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 expect all of our franchisees to legally comply with UK employment legislation and the tribunal’s award has now been fully made by the franchise partner to Mr McEvoy.
"Glasgow is our home and both restaurants continue to be a great success and create valuable jobs for our city.”
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