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Arena Magazine 2006 Issue 5 Winter Arena |
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Justice for Catherine
Having to take your case for unfair dismissal all the way to a tribunal is a daunting prospect, but it didn’t deter Catherine Smith.
An instinct for fairness and Usdaw membership ensured mother-of-two Catherine Smith won her claim for unfair dismissal and was awarded more than £22,000.
The 42 year-old was made redundant last summer from Manor Bakeries in Merseyside following a restructuring exercise. Despite being well-qualified she was unsuccessful when she applied for the 'new' job. "I was pregnant at the time and the company knew it," she said. "I wasn't surprised I didn't get the job because I just got the feeling they wanted rid of me. It was a gut feeling and I knew it wasn't fair."
Catherine followed the internal procedures but had no joy. "At the time I had two part-time jobs, one as a clerical worker at the factory where I'd worked for six years. The other was at my local Tesco as a customer assistant where I've been for 14 years. Initially I went to a local law centre for advice. The guy there used to work for Usdaw and when I told him I was a member through my Tesco job, he told me to contact the union straightaway."
Liverpool-based area organiser Nick Gerrard took up Catherine's case and lodged a claim for unfair dismissal on three counts - pregnancy, sex discrimination and unfair dismissal on general grounds. The case ended up at an employment tribunal in July.
"The prospect of going to tribunal was very daunting," said Catherine. "Although Nick had prepared me very well and outlined the process I was still very nervous about it.
"On the first day Manor Bakeries gave their evidence and on the second day it was my turn. I was in the 'witness box' for three hours. I had to swear on the bible and answer a stream of questions from the company's solicitor, which was very tough going. However I was determined to have my say and I wanted an independent group of people to make the judgement. Once I'd done this it was like a huge weight had been lifted from my shoulders."
Two weeks later the verdict was delivered and a settlement figure was agreed in late September. "I've always been a union member and always will be," she said. "I knew I had been treated unfairly and was really pleased when I was vindicated by the tribunal. I'm glad it's all over. It was a very stressful time for me and my partner Chris. I'm still working at Tesco as well as bringing up my two children - Cerys who has just had her first birthday and Carl who is three.
"Nick did a really professional job for me. He knew his stuff and had obviously done his homework."
Nick was equally delighted with the victory. "We won on all three counts and rightly so," he said. "Catherine was very calm under pressure at the tribunal and handled herself brilliantly.
"Many of our members have two jobs and sometimes don't realise that their membership covers them for both. It doesn't matter that the jobs are completely different. Catherine's situation is a valuable reminder to all of our members in a similar situation."
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