Last updated at 13:36, Monday, 24 May 2010

A MAN who took his former employer to a tribunal for constructive dismissal has accepted a settlement of £11,000.

David O’Connell began working for A1 Cars, based in Rawlinson Street, Barrow, in November 2003.

The 40-year-old phone operator and office manager left the firm in July 2009 and then filed an employment tribunal claim for constructive dismissal, accusing the firm of leaving him no choice but to resign.

Just two days before he was due to appear before the tribunal judge, Mr O’Connell received an offer of settlement from his former employer, of £11,000.

Mr O’Connell, of Dundonald Street, Barrow, told Action Desk: “I accepted that and was told I would have it by the end of April. It’s now well into May and I still haven’t got it.”

Action Desk got in touch with A1 Cars managing director, Paul Brereton, who said he had been under the impression the firm that managed his employment law issues, Peninsula Business Services, would be paying his former employee.

Mr Brereton said: “I thought I had the indemnity policy with them, which meant they would pay out if any settlement was made or awarded.

“I’ve been in contact with a solicitor to try and get this whole thing resolved, so hopefully things will move on as quickly as possible.”

Indemnity schemes can fund the cost of any awards made against a business

Peninsula Business Services, based in Manchester, offers companies a commercially focused tribunal representation service.

It also offers an indemnity scheme that will fund the cost of any awards made against their clients.

A spokesman for the law firm said: “This matter has been resolved by way of a negotiated settlement between the two parties. We have advised our client of the actions they need to take in respect of any payments under this agreement.”

Mr O’Connell is still waiting for his money.

He said: “Regardless of whose fault it is, or who is supposed to pay me, I shouldn’t still be waiting, as they told me I would have the money by now. I have three children and bills to pay.”

First published at 13:13, Monday, 24 May 2010
Published by http://www.nwemail.co.uk