AN Evesham furniture delivery man who cannot read or write has been awarded nearly £4,000 for unfair dismissal following a dispute over a £800 payment.

Mr Michael Tomkins, aged 64, of St Matthew's Close, was awarded £3,701 against MES Discount Furniture of Evesham at Birmingham Employment Tribunal this week.

Mr Tomkins said he and his delivery colleague were told to deliver some furniture to a woman on a site for itinerants at Evesham and collect the payment of £800.

He said that the woman gave his colleague a cheque for £800 but as this was unacceptable by the firm he was told to go and bring back the furniture.

Mr Tomkins said that on their return they found the woman had gone and was later told by the firm that they had to pay the £800 between them.

Mr Tomkins complained that he was eventually sacked after four years with the firm.

"Because I can't read or write I have not been able to find another job - especially at my age," he said.

During cross examination, Mr Tomkins revealed that he and his wife had put their house up for sale but had recently withdrawn it from the sales market.

There had been plans to retire to Ireland when he was 65, he said.

The firm had opposed the claim.

Tribunal chairman Mr Malcolm Beard said there had been a lack of documentation involving some aspects of the case but the tribunal's decision was that Mr Tomkins had been unfairly dismissed.

He said that Mr Tomkins had been paid £196 gross a week and that in view of his age and his situation he was unlikely to find another job and might never work again.

At one stage Mr Beard asked the firm and Mr Tomkins if there was a chance of reaching a settlement to save the tribunal making a decision.

But both parties said three attempts had been made - without success.

MES is based at Briar Close Business Park, Briar Close, Evesham.

After the hearing, co-owner of the company Mark Shale said: "I accepted that I had not followed the correct procedures in sacking Mr Tomkins, which is what the tribunal found.

"No cheque was involved at any stage. The two men had been told not to take the furniture out of the van until they had been paid and they failed to do that."

Mr Shale said he had made three attempts to discover how much Mr Tomkins was seeking in compensation.

He added: "I offered him £4,000 a month ago but it was ignored. At the end of the tribunal I was willing to offer £7,500 but his representative asked the tribunal to decide how much I should pay." The Journal was unable to contact Mr Tomkins.