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Theft suspect loses unfair dismissal claim

29th April 2010, Page 23
29th April 2010
Page 23
Page 23, 29th April 2010 — Theft suspect loses unfair dismissal claim
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A DRIVER WHO was arrested on suspicion of stealing road surfacing material from his employer has lost his claim for unfair dismissal but was awarded more than £3,000 in unpaid wages by a Birmingham Employment Tribunal.

Jas Bains, from Coventry, was arrested after his employer. Balfour Beatty Utility Solutions (BBUS), kept a seven-week watch on a farmyard where the material was stored. He was not charged due to lack of evidence.

Bains had earlier been suspended and dismissed on suspicion of theft by the firm's Rugby depot. He had been employed by BBUS for three years and sought compensation for unfair dismissal, unpaid wages, as well as notice and holiday pay. John Robinson. representing the firm, said Bains was employed at the weekends to deliver loads of road surfacing materials to a farm near Coventry. The farmer w paid for storage until the fir stopped using the site.

However, the site continued be used for storing such materk and the farmer wondered why I was not being paid.

"A watch was kept on tl yard for seven weeks with CT said Robinson.

BBUS began receivii mysterious invoices for deliveri from the quarry to the farm al told the police. Discrepancies we found on Bainstimesheets.

Bains denied he had doi anything wrong. claiming th he worked for himself the week and other materk had become mixed up with tho of BBUS.