News

A former social worker who was sacked by his employer after he became too exhausted to do nightshifts in a children’s home and then refused an alternative lower paid job, has won a case of unfair dismissal and breach of contract, writes Sally Gillen.

Frank Higgins, who was employed by Stoke-on-Trent council in one of its children homes, had complained that he was unable to do night work without at least eight hours’ sleep.

He had become exhausted after doing a shift twice a week that involved him working from 2.30pm to 11pm, retiring for a sleep-in, then working the next day from 7.30am to 3pm.

Higgins’s occupational health doctor contacted the council suggesting changes to the staff rota, which would have allowed him an eight-hour uninterrupted rest between shifts.

But instead the council offered him another, lower grade job, which Unison advised him to accept. But after seeking advice from six solicitors and the Arbitration, Conciliation and Advisory Service (ACAS), he decided to file for unfair dismissal.

An employment tribunal in Birmingham decided that Stoke had not followed procedures that require employers to make reasonable adjustments for employees. The level of compensation will be decided at a later date.

Higgins said: "I am absolutely over the moon at the result. The anxiety it has caused has been terrible. It is a weight off my mind."

Phillip Swann, director of social services at Stoke-on-Trent council, said: "It is common practice to have these shift patterns in children’s homes. But we now have 42 days in which to respond to the judgement, and we will be seeking advice and considering our position."