Postman wins £10,000 after sacked for mourning his dog

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Sacked: David Portman has won damages over his sacking

A postman has won a five-figure compensation from the Royal Mail - after he was sacked for taking a week off work to grieve over his dead dog.

David Portman, 27, took numerous weeks off work because of a series of unfortunate 'accidents' and was absent for a total of 137 days during just five years in the job, an employment tribunal heard.

When he took yet more time off because of his pet's sad demise bosses decided enough was enough and sacked him.

But Mr Portman has now received undisclosed compensation of at least £10,000 after winning a claim for unfair dismissal at the Sheffield tribunal.

The tribunal decided his absences from work were all legitimate and usually through injuries suffered in the course of his duties.

Mr Portman, of Munsbrough, Rotherham, his months off duty were simply down to bad luck. 'I broke my collar bone when I was ten but that is the only accident I have had up to working as a postman.

'I felt really aggrieved when I was sacked without them taking into account my particular circumstances.

'I did up to four rounds a day so I suppose I was increasing my chances of having an accident. The time I had off wasn't through my own choice.'

The bachelor, who is now working as an electrician, found his faithful mongrel Brandy dead at the foot of his bed one morning in September 2004.

Mr Portman said: 'She had been with me all the time since she was a puppy when I was 11. I took the rest of the week off because I was so distraught. When I went back to work the manager said I was being sacked. I couldn't believe it.'

Speaking after the case, Mr Portman insisted he was a 'really good worker' who regularly did overtime to 'help out.'

The first calamity came just months into the job when he tried to push mail through an awkward letter box.

'I was bent down and the homeowner suddenly opened the door to help me but it knocked me backwards down four steps and I broke my foot.

'I tried to carry on with my round but it was hopeless and my boss had to take me to hospital. I was in plaster and off work for five weeks.'

The second injury put him out of action for 15 days. This time he stood on a piece of wood and badly sprained his ankle.

His ill-fortune continued when he and his girlfriend were injured in a car accident in September 2001. They were rammed from behind in a car park and he was signed off work for nine weeks because of whiplash injuries.

The postman was able to prove the smash was not his fault and insurers even paid the Royal Mail for the time off he had as a result.

On another occasion he was left struggling for breath while delivering letters and was diagnosed with asthma. His doctor signed him off for a week.

When he later took a week off following his dog's death he was fired. The tribunal ruled management had not told the postman he could have applied for compassionate leave.

His solicitor Paul Singh said much of the time he took off was as a direct result of injuries sustained while delivering mail.

He argued that Mr Portman's time off was for legitimate reasons and that his dismissal was unfair, a view with which the tribunal agreed.

The Royal Mail claimed the postman had a poor attendance record and there were no 'mitigating circumstances' to make it unreasonable for them to sack him. They thought his attendance pattern would not improve in the future putting 'regular customer service at risk.'

But in reaching its decision, the tribunal concluded 'the vast majoirty of the claimant's absence days were occasioned through injuries sustained in accidents at work' which should have been discounted by the Royal Mail.

They said: 'None of the claimant's absences were for other than wholly legitimate and genuine reasons.'

 

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