Michael Page wins tribunal case with former employee

A former Michael Page International consultant has lost his case for unfair and constructive dismissal at Reading Employment Tribunal.

A former Michael Page International consultant has lost his case for unfair and constructive dismissal at Reading Employment Tribunal.

Nigel Francis-McGann, a consultant in Michael Page’s Reading office, claimed he was unfairly dismissed in February 2006, after telling his managers he wanted to leave the company as he was not being given opportunities to progress his career.

Francis-McGann, a former armed forces pilot, claimed his managers told him that they would support his search for new employment and permitted him reasonable time off for interviews.

Francis-McGann decided that he wanted to become a commercial pilot and began the recruitment process. After passing the initial tests he was invited to attend a 10-day course. However, he did not have any holiday remaining and asked his managers if could take the time off as unpaid leave, which he claims they agreed to.

Page, however, said that they did not agree. Angela Webb, Page operations director, said in a statement to the tribunal: “It was clear that I could not agree to an employee taking 10 days’ unpaid leave but sought to offer him an alternative. His reaction was unreasonable and his conduct was contrary to our discipline procedure.”

The tribunal heard that when Francis-McGann was told he could not have the leave there was a huge amount of arguing which resulted in Francis-McGann signing himself off sick and Page suspending him.

He accused Page of organising grievance meetings for when he was unavailable, and when Page stopped paying him, he said he took that as constructive dismissal and he would see the company at tribunal. Page claimed he was unavailable because he was away training and took his email as a resignation.

After a three-day hearing the tribunal ruled that Francis-McGann had resigned in the email. It said that the claimant’s evidence had been unreliable regarding the timings of the courses and his doctor’s certificate.

The tribunal awarded Michael Page costs equal to the claimant’s £1,500 expense claim.

Francis-McGann told Recruiter after the case that he planned to appeal.

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