Unite Member Serving In Afghanistan Wins Job Back

A Territorial Army members made redundant as he completed a 12-month tour of duty in Afghanistan has won his job back using laws to protect reservists.

Unite member Simon Sunderland, 37, was laid off as a production worker with diesel engine manufacturer Cummins, days after serving on the front line.

He was one of 440 workers laid off at the US-owned company's plant in Darlington, Durham, as a result of the economic downturn. Mr Sunderland, a father of four, was due to spend time on leave with his family before resuming his job when Cummins informed him he was no longer needed.

He took his case to an employment reinstatement committee claiming his dismissal was a breach of the 1985 Reserve Forces Act designed to protect part-time soldiers.

The panel found in his favour and he has been reinstated to his job on the shop floor.

The Reserve Forces (Safeguarding Employment Act) 1985 states that employers, where reasonable and practicable, should reinstate people on terms not less favourable than had they not served.

After the hearing in Newcastle, Mr Sunderland said: "I was an easy target because I had been away. I have two medals for tours of duty, they are not for going to the shops. I don't think the military get the respect they deserve and I don't think the TA and reserve forces get the respect they deserve either."

His case was backed by Unite which said that the company's behaviour had been "morally incomprehensible and legally questionable".

Unite Regional Officer Mike Routledge, ofsaid: "Now it has been proved that it was legally wrong. It is vitally important we support those putting their lives on the line. The least we can do is make sure they have a job waiting for them when they come back."

Cummins said it had sought legal advice and consulted the Supporting Britain's Reservists and Employers group before making Mr Sunderland redundant.

A spokesman said: "Cummins accepts the decision and we have welcomed Simon back. Cummins has been a supporter of Britain's Volunteer Reserve Forces, employing reservists for many years.