PARENTING groups last night welcomed a landmark legal case which saw a bus driver compensated for being sacked after taking time off to attend the birth of his son.
Dean Matthews, 23, claimed his dismissal was in breach of recent legislation designed to give fathers more rights. He was backed by his union, the GMB, and his award for £2,000 was settled before it reached full tribunal.
His solicitor, David Mole, said it was the first time the new laws had been successfully used, and he warned employers to be much more aware of the new rights of parents at work.
The case arose after Mr Matthews, of Southwick Road, Sunderland, claimed he phoned work to say he could not work his shift after his partner, Karen Priest, 21, went into labour last August.
During the pregnancy he had taken time off to care for Ms Priest when she was ill, and also to look after his one-year-old daughter Megan. After Jay's birth, he returned home to find a letter telling him of a disciplinary hearing.
The following day, he was called into his boss's office and told he was being dismissed for a poor attendance record.
Mr Matthews claimed his employer was in breach of employment legislation, which the bus firm denied.
Having only worked for the firm for eight months, Mr Matthews could not apply for unfair dismissal, so he brought a case under section 57a of the Employment Rights Act 1999.
A GMB spokesman said: "This section allows time off to care for dependents, such as partners and children, from day one of employment, rather than the 12-month qualifying period for unfair dismissal."
The victorious father said: "I am delighted to have stood up for the rights of dads and won.
"Modern fathers have more responsibility for the care and welfare of their family and employers need to recognise that.
"Jay was born a healthy 71bs 7oz and I was so thrilled, it was a wonderful feeling.
"I couldn't believe they could sack me for attending the birth of our baby - it is absolutely disgusting."
Fortunately, three weeks later, Mr Matthews secured a job with a transport firm as a driver for hospital patients.
Stagecoach operations director Madi Pilgrim said: "In the short period of time he worked for us, Mr Matthews had a very poor attendance record and had been through every stage of the formal disciplinary process.
"However, the timing of his dismissal was clearly unfortunate, and Stagecoach accept this."
Lucy Speight, from the National Childbirth Trust (NCT), said: "It's wonderful, because the NCT has fought long and hard for the right of fathers to be at the birth of their child."
Child psychologist Dr Made-leine Portwood, of Durham County Council, said: "It highlights the importance of being a father, which has often been undervalued in the past."
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