THE city’s cemetery gatekeeper has won his case against the council after they unfairly sacked him and threatened him with eviction.

David Allen, who worked at Worcester City Council for 30 years, took his employer to tribunal for unfair dismissal and this week the panel found in his favour.

He said he was “delighted” with the tribunal’s decision.

However, the city council says its will appeal the decision as it believes the tribunal has made “an error in law” although council officers would not disclose where the error was made.

So in the meantime the council has told him he cannot take up his former post.

The city council has 42 days to submit the appeal, but has already told Mr Allen it will press to get him removed from the house.

We previously reported how Mr Allen was so desperate for a solicitor to represent him in front of the panel he put up banners on his council house with messages for the city council chiefs he blamed for the loss of his two council jobs.

In the event, he had no representation but won by standing as his own advocate.

Losing the tribunal would have seen him kicked out of the house.

Mr Allen was also employed by the council as a gravedigger, but was unable to take this to tribunal as he was outside the time limit to bring a case.

The 48-year-old father of two was dismissed from the grave-digging job on ill health grounds after developing the condition vibration whitefinger. which was caused by operating machinery.

A council probe then found Mr Allen’s son Mark had used a council strimmer without permission, and Mr Allen was then dismissed as the Astwood Road cemetery gatekeeper – a decision upheld by a councillors’ appeal panel at the time.

But the tribunal in Birmingham found against the council and made a order he be reinstated to that job by Monday, July 18.

A city council spokeswoman said: “The council is not happy with this decision and is considering appealing.”

Mr Allen said: “They want to grind me down, but I am going to carry on fighting.”