Caernarfon woman's unfair dismissal claim upheld

Oct 30 2008 By Alex Hickey

Gwyneth Green

A FACTORY worker who claimed she was unable to speak Welsh at work at a disciplinary hearing has won a claim of unfair dismissal against one of Gwynedd’s largest and most respected employers.

Caernarfon woman Gwyneth Green claimed unfair dismissal on the grounds of race discrimination against her former firm Siemens Healthcare Limited.

An employment tribunal in Abergele found against the Llanberis firm which employs more than 500 people, at a hearing last week.

Siemens sacked Ms Green, who had worked at the factory for six years, on the grounds of gross misconduct in February.

However the tribunal found in her favour, and she was granted a "substantial" amount of compensation and was also offered her job back, which she declined.

The full details of the hearing will not be published until November, however Siemens promised to conduct a full review of its procedures.

A company spokeswoman said it would review the full judgement carefully and consider the results.

What makes Ms Green’s victory remarkable was that it was achieved in the absence of her solicitor who was unwell

Close friend and Caernarfon town councillor Menna Wyn Thomas, who attended the hearing, stepped in to represent her at the last minute, despite having no legal training.

Ms Green was unable to comment publicly on the case at this stage but Cllr Thomas expressed delight at the tribunal’s decision.

She said: "When my friend’s solicitor did not turn up we feared the case would be delayed for at least four months so when the judge asked me to defend her we decided to give it a go.

"I have worked as an advocate for people dealing with social services and the council so I am comfortable speaking in public but my only concern was that I would let her down."

Ms Green’s sacking had left her "devastated" so it was important to resolve the matter once and for all, she added.

In the wake of the judgement the Plaid Cymru councillor has called for a stronger Welsh Language Act to protect the rights of Welsh speakers working in the private sector.

The company’s managing director Steve Britton said: "Siemens is a multi- national business and the business language for the whole corporation is English. Having said that Siemens has employed more than 50% Welsh language first speakers and the company has a very open approach on the Welsh language.

"The judge at the tribunal commended the company in its approach to the Welsh language."

He refused to comment on specific cases, but on the broader issue, said the company was "very sympathetic" on the Welsh language issue.

"We have been a good corporate citizen over the past 16 years as DPC, Euro DPC and in the last two year as Siemens.

"We will increase output 13% over the next two years and have employed a further 200 employees (in that period). We will remain a good solid citizen in this environment."