BMW factory worker sacked for taking a lunch break to go to Burger King earns £16,000 payout
29 December 2022, 18:31
A BMW factory worker fired for going to Burger King during a lunch break has won nearly £17,000 in compensation.
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Ryan Parkinson took an hour-long rest during an evening shift at the car giant's plant in Oxford four years ago.
But after returning from the fast food eatery, Parkinson was told off for allegedly not telling anyone he was going - a fact he disputed at a lengthy employment tribunal.
He said: "Everyone wanted a kebab, and I said I wanted a Burger King. My [co-workers] were talking about what they were going to get.
"I said I’m going to get a Burger King. I got on a scooter thing and went and got a Burger King and sat in my car until half past."
Parkinson, who partly blamed racism for the mistreatment, was signed off work with stress and anxiety from August 2018 to February 2019.
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Three months after returning, he was sacked.
Parkinson successfully appealed the decision which followed a disciplinary hearing.
But he was sacked for a second time in November 2019 after a second alleged case of going AWOL during a shift.
Now Parkinson has been awarded £16,916 in unpaid wages and compensation.
Employment judge Stephen Vowles said: "[Recruitment agency GI Group] failed to investigate the assertions by Mr Parkinson and his trade union representatives that this was a widespread practice done during break times by dozens of other employees.
"There was no evidence of any procedure in place by [GI Group] for obtaining permission to exit the site or to notify a supervisor of exiting the site or the recording of any such permission or notification.
"Leaving a secure area through a turnstile for a few minutes to visit a car in the company car park when, it seems, that many other employees did exactly the same, though not investigated by [GI Group], did not amount to gross misconduct.
"He left his place of work to visit his car to collect his sandwiches during a break."
Parkinson's racism claim was dismissed, with the judge saying there was "no evidence whatsoever" for the allegation.
