A SALES manager who was unfairly sacked from his job after 26 years service has been awarded £58,000 by an employment tribunal.

Malcolm Clark, 57, of Wigginton, York, was dismissed from his job at Moores Furniture Group Ltd only weeks after the appointment of a new sales director, John Cahill.

The tribunal heard that Mr Cahill had at one time worked under Mr Clark before a series of promotions eventually put him in charge of his former boss at the company's Thorp Arch headquarters.

The panel was told that within weeks of being appointed, Mr Cahill accused Mr Clark of not being up to the job and a letter of dismissal was subsequently sent without any verbal or written warning.

Mr Clark's solicitor, Anne Oldroyd, of York firm Harrowell Shaftoe, said there had been no complaints about his performance for the kitchen and bathroom unit manufacturer prior to Mr Cahill's appointment.

He had been an efficient and loyal employee who had served his employer well for 26 years.

The tribunal said in its reserved decision that Mr Cahill's evidence had been that he had held serious concerns as to Mr Clark's capability for some considerable time before becoming sales director. He had referred to Mr Clark's tendency to work between 9am and 5pm, to his unwillingness to entertain customers and to sales figures for which he was responsible.

In awarding maximum compensation, the tribunal said it was clear Mr Cahill had taken a personal view of Mr Clark's performance, while the previous sales director and the Board had been entirely satisfied that Mr Clark was a capable and competent employee.

Tribunal chairman Colin Grazin said: "He could not suddenly turn into an incompetent and incapable employee, effectively overnight. In our view he did not do so."

Mr Clark, who lives in Plantation Way, was awarded a total of £58,300 to compensate him for loss of earnings and pension rights.

Mrs Oldroyd said: "The decision is a warning to employers that they cannot treat the dismissal of long-serving employees lightly and if they do they may have to pay substantial compensation."

Mr Clark, who since his dismissal last summer has found a new job as a business accounts manager with The Symphony Group, said he was delighted with the outcome and felt totally vindicated.

"The way I was treated was quite shocking. My dismissal was completely unfair and unjustifiable and it has had an adverse impact not just on myself but on my whole family.

"When you are suddenly dismissed, people are bound to think the worst."

Philip Turnpenny, Moores' human resources director, said: "The company is aware of the employment tribunal decision and is considering an appeal."

Mr Cahill was unavailable for comment.

Updated: 11:17 Friday, February 15, 2002