Partial win for Shropshire lorry driver in 'Auschwitz' comment claim
A Shropshire lorry driver who complained one of her bosses told her she would be "shipped off to Auschwitz" if she took her employers to a tribunal over several disputes has won part of her legal claim.
But Mrs Toni Davenport, who alleged the same person told her "to keep her head down and her mouth shut", has not been compensated because her employers gave her a goodwill payment.
Mrs Davenport, a part-time driver who covered part of the Midlands, made her allegations against against Muller UK & Ireland Group LLP of Tern Valley Business Park, Shrewsbury Road, Market Drayton.
She made legal claims involving pay and holidays and for allegedly being treated unfavourably as a part-time worker.
The tribunal was told that Mrs Davenport's previous employers, Robert Wiseman & Sons, were transferred to the Muller Group and that she expected the same working conditions. But she complained changes were made to her contract and she became involved in disputes about pay and holidays.
She told the tribunal in a written statement at a previous hearing that after being off work, she returned following a preliminary tribunal hearing, to face a comment from one of her bosses in the office.
"He commented across the office: 'You'll be shipped off to Auschwitz if you carry on the way you're going'," she alleged.
The firm opposed Mrs Davenport's legal claims.
Tribunal judge Mrs Victoria Dean has announced that Mrs Davenport has won the part of the claim for the holiday entitlement she said she was due.
"The tribunal had some sympathy with her holiday claim after Mrs Davenport had been told the firm needed three months' notice when applying to take holidays," said Mrs Dean.
"She alleged there appeared to be one rule for the full-time employees and another for part-timers. But the legal claim for unfavourable treatment as a part time employee fails."
Mrs Dean said no compensation had been awarded because the firm had granted Mrs Davenport a goodwill payment.
