Four Royal Mail workers were unfairly dismissed for taking breaks at local pubs. A tribunal ruled in their favor, awarding compensation.
In 2023, problems arose between Royal Mail and its workers regarding breaks taken at two pubs: the Caernarvon Castle and the Swan, leading to weeks of mail delays. Initially, twelve workers were suspended, which ultimately led to six dismissals. After appeals, the number of firings was reduced to four, alongside a worker resignation, while the workers union overwhelmingly favored a strike.
The four fired workers, who all had good records, appealed their dismissals. Hearings were held in September and October 2024. The judge ruled that the dismissals were unfair and that the workers will receive compensation. These hearings took place in September and October 2024, and the judgment was announced in December 2024, with a remedies hearing to follow. Royal Mail has stated that the case is now resolved.
Paul Martin had worked there for almost 20 years, and Robert Stewart, for 21 years. Ian Vermiglio had five years of service, and George Rogers had worked there for 44 years, starting in 1979. A local councillor started a petition in support of the workers, gathering hundreds of signatures. The councillor described the judgment as a significant criticism indicative of poor morale at the office.
Workers received suspension letters on June 23, citing investigations into absences and accusations of intentionally delaying the mail, with restrictions preventing them from discussing the details. Following their suspension, they met at McDonald’s and contacted the workers union (CWU). The court found perceived dishonesty in the management’s belief that staff attempted to mislead them, as some workers initially denied this meeting.
The tribunal identified issues with Royal Mail’s processes, noting inconsistent treatment of workers and confusing evidence. These failures appeared unfair and unreasonable. The judge questioned the truthfulness of some statements due to their similarities, yet ultimately found the workers’ claims credible and sided with the workers.
The judge noted the repetitiveness of the statements, which arose from overlapping facts and the workers using their own words during questioning, making the evidence seem credible. However, awards for three workers were reduced by 25% due to their initial lies about the McDonald’s meeting, while Mr. Vermiglio did not receive a reduction. Royal Mail lacked a clear break policy and attempted to blame workers for social media posts, but the evidence was incomplete or missing, leading to decisions that appeared unfair.
The review process failed to rectify the unfairness, with managers jumping to conclusions regarding the McDonald’s meeting, which was not initially admitted. The judge noted the workers were not at fault for negative social media comments. Moreover, a manager did not investigate past practices despite knowing that workers frequently met outside the office, including at the Caernarvon Castle pub. The pub even provided cake and hot drinks. The manager had disregarded this information.
The office faced performance issues compounded by redundancies, staff shortages, and mail backlogs. A suicide had impacted safety, and mental health issues existed among staff. The judge also found that employee and manager relationships were poor and deteriorating, creating a significant health and safety concern.
Before October 2022, workers had 40-minute breaks and were not required to inform managers. Following this, they received a list of approved break spots, which included the Caernarvon Castle pub, where tea, coffee, and cake were served. Alcohol consumption did not occur, and managers were aware that workers frequently used this location. By March 2023, the relationship worsened, and in June 2023, workers were prohibited from using the pub, without mention of other pubs or lots. Workers heard complaints about mail backlogs on social media, which one worker dismissed as nonsense.
Workers subsequently used a car park near the Swan pub, believing it was a public lot. The tribunal stated that this location was never restricted. A manager complained about vans at the Swan to another manager who, according to the tribunal, held a bias, leading him to conclude that misconduct had occurred.
The tribunal determined that the workers parked briefly, for less than their allotted break time. The car park was located en route to the office, indicating they were not intentionally delaying the mail. The judge said the accusation lacked basis.
The workers were fired on August 11, coinciding with the story breaking. Royal Mail stated they had reached a resolution, and the case has now ended.