A SEDGLEY man suspected of planning to pass trade secrets to a rival firm after allegedly filming at the factory, has been awarded £10,000 after winning his claim for unfair dismissal.

Neil Mansell, of Woodsetton, Sedgley, had been accused by his former employers at Birmingham Employment Tribunal of “turning up one evening out of the blue with a video” to film the steel bending machines at the Bilston branch where he worked.

Mr Mansell had been employed by Barnshaw Section Benders Ltd of Tividale which specialises in bending steel.

Witnesses alleged they had seen Mr Mansell filming a steel bending machine on his video. The machine was said to involved in “mandrel bending” – a unique technique.

He was later dismissed for gross misconduct after denying he had done anything wrong.

Tribunal judge Jill Kelly found Mr Mansell was unfairly dismissed because the firm failed to carry out the correct procedures in dismissing him.

Miss Kelly said the tribunal had been told by Mr Mansell who was on the night shift, that he had gone to the factory to get his boots and show a work colleague his new camcorder.

She said Mr Mansell had told the tribunal that he had denied the camcorder was turned on let alone recording.

Miss Kelly said it was clear that Mr Mansell did not breach the confidentially provisions in his contract because there had been no disclosure of information.

She said she considered that the respondent dismissed the claimant because they believed he had filmed confidential parts of the works with a view to giving the footage to a competitor.

But she said there were too many flaws in the process at Mr Mansell’s initial disciplinary stage for the disciplinary decision to be fair.

Miss Kelly said: “The firm’s company manager failed to provide the claimant with key evidence prior to the disciplinary hearing, so he could prepare for it and he did not understand, until the hearing got underway, what he was being accused of."

She added the respondents did not ask the claimant to produce the film that had been in his camera and other questions were not asked.

She said: “All these failings alone made the dismissal unfair and ordered the respondents to pay Mr Mansell £10,000 in damages within 28 days.