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Daily Mirror
Daily Mirror
National
Jeanette Oldham & Ryan Fahey

Worker calls 'bailiffs' on Jaguar Land Rover after firm fails to pay £250,000 award

A man has called the 'bailiffs' on Jaguar Land Rover after the multi-billion-pound car company allegedly failed to pay his £250,000 employment tribunal award.

Brian Fox was a life-long employee of JLR, having secured a job there aged just 16 years old.

Forty-three years later Brian was still working at the company's Coventry site when he underwent two gruelling heart surgeries.

When he returned, he asked bosses if he could skip the night shifts due to his poor health.

He claims managers rejected his request, sparking an employment tribunal battle which Brian eventually won - with a huge quarter-of-a-million payout in March.

The major sum was based on projected loss of future earnings and pension contributions, BirminghamLive reports.

At the age of 59 Brian had two heart surgeries and needed time to recover (BPM MEDIA)
An employment tribunal decided that his dismissal was unfair, and he was awarded £250,000 (BPM MEDIA)

Despite the court-ordered compensation package, it has so far failed to materialise, according to Mr Fox - with JLR appealing the level of the award granted by the courts.

But now Brian, with the help of his solicitors, has called in a recovery company and sent them to his former workplace.

Brian, who worked for over 40 years at the Lode Lane factory in Solihull, said: "I loved JLR and felt it was like my second family, but I was sacked for no reason.

"I had a doctor's letter to say I was fit for work with no restrictions.

"But I was told to get off the site immediately following dismissal and was made to feel like I was not wanted any more."

A JLR spokesman said: "Given that this case is currently subject to an appeal to the Employment Appeal Tribunal (EAT), it would be inappropriate to comment at this time."

Brian said he used to feel like colleagues and bosses at JLR were like his second family before he was sacked for 'no reason' (BPM MEDIA)

Brian, now aged 62, began working at JLR at the age of 16 in 1976 working on special vehicles in the paint shop.

His jobs included mixing paint for the Queen's Land Rover as well as for military vehicles.

He also worked in other departments before needing life-saving heart operations in 2012 and 2014.

Having had two heart surgery operations, he was off work for about 16 months and it was then he asked to work days rather than night shifts upon his return to help with his recovery.

He was also off work with stress and says he even agreed to change sections to work days.

The employment tribunal heard he was offered early retirement on medical grounds, but he turned that offer down.

Brian said: "I had an operation on a heart valve in December 2012. I then needed a second operation on another valve which I had in December 2014.

"I was told that if both operations went well, which they did, that I should be fine but I will need medication for the rest of my life.

"After the surgery, I was very poorly for weeks. It takes a long time to get back to your old self, physically and mentally.

"But I just wanted to get back to work and I worked hard in the gym and went swimming.

"I just wanted to feel normal again. Eventually, I had a doctor's letter to say I was fully fit with no restrictions."

But Brian felt he was treated differently when he returned and was "made to feel like I was letting down JLR which I didn't want to do".

"I have never had time off work unless it was for something very serious," he said.

"I've always liked working at JLR. I had 14 of my family members work there. My dad worked there for over 20 years.

"In years gone by it was hard and dirty work but I felt proud to work there but I felt I was being treated differently because I had a heart condition. I was put on antidepressants by my doctor.

"Then there was an incident when someone shouted at me and told me off simply because two vehicles had been moved. I was really shouted at for several minutes. I complained but nothing was done.

"Occupational health was good to me but HR wanted me to work according to a doctor's note that related to just after my surgery, rather than a newer note from my doctor that said I was fully fit to work.

"I also complained to HR after I found out that some internal jobs were not being advertised on an internal portal which meant I had no chance of seeing those jobs when they came available.

"For the last 15 years I worked on supply parts quality where I was happy there but the company could not accommodate me staying on dayshift.

"At the end, I was working in the metrology - measurement - department. I asked to work days because I thought it would be better for my health but the company just wanted me to retire on ill-health grounds.

"I didn't want that and was later sacked and told to leave the site immediately. I didn't have a chance to say goodbye to my work friends, people I'd worked with for years."

Brian took the company to an employment tribunal in June 2019 and was represented by Slater and Gordon.

He eventually won his case for unfair dismissal in September the following year, as well as for discrimination arising from disability and indirect discrimination.

JLR was also found to have not made "reasonable adjustments", although a claim of victimisation and for direct disability discrimination were both dismissed.

The tribunal said: "We consider that the claimant, who had worked for the respondent since he was aged 16, would have continued to work for the respondent up until his retirement at age 65. There is no evidence to support that there was any likelihood of the claimant being dismissed before he reached retirement age."

In March this year, it was ruled that Brian should receive £252,336, including £70,000 for loss of earnings and £69,000 for loss of future pension.

The tribunal also awarded him £11,500 for "injury to feelings".

Jaguar Land Rover is a multi-billion pound car manufacturer (BPM MEDIA)

However, Jaguar Land Rover allegedly failed to pay up and Brian employed 'bailiffs' who visited the firm's Coventry HQ to demand payments.

He said: "Even though I won in court, it did not give me satisfaction. I could’ve still been working there doing some job if the company just listened to me.

"I still have a great affection for JLR and believe there were people there who were good to me. There were also some people towards the end who treated me badly.

"But I will always have a love of the company and the life I had there."

Slater and Gordon senior associate Rubel Bashir said: "Mr Fox was an extremely hardworking employee and worked for JLR throughout his adult life.

"He took incredible pride in his work and considered JLR as an integral part of his life.

"He was extremely hurt and devastated by the manner of his dismissal and we are pleased to have achieved a substantial amount of compensation for him."

The lawyer added: "This judgement shows the importance of employers making reasonable adjustments for disabled employees and exploring all options before dismissing."

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