OWNERS of a Glasgow restaurant who were told by a judge to pay £13,500 to an employee they had unfairly sacked are appealing the decision.

Gerry McEvoy was left homeless and £20k in debt after being fired from his job as a night shift cleaner at German Doner Kebab after a row with a manager over holiday pay.

A tribunal ruled that management at the Renfield Street franchise had broken the law when they dismissed the 47-year-old Cowcaddens man - and awarded him the five-figure-sum for breach of contract, unpaid wages and unfair dismissal.

Glasgow Times: German Doner Kebab in Renfield StreetGerman Doner Kebab in Renfield Street (Image: Gordon Terris)

But now restaurant bosses have lettered the court claiming they never received any notification of Gerry’s claim - and want to lodge a defence and have the case reheard in a bid to overturn the decision.

Gerry told the Glasgow Times he was stunned when paperwork from solicitors representing his former employer dropped through his letterbox just days after we revealed how he had won his case.

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He said: “I was gobsmacked. My case was the talk of the restaurant and all the letters relating to it were delivered there, yet the owners are claiming not a single one was ever passed on to them and that it’s not their registered office.

“It is a ridiculous claim to make, and I hope that the tribunal sees right through it.  They should respect the decision that was made by the judge."

Paperwork has now been submitted to the tribunal service for solicitors acting on behalf of the branch owners, saying it would be ‘in the interests of justice’ for the case to be re-examined and the judgment revoked.

Gerry was fired after a manager claimed he had shouted and acted in a threatening and intimidating manner towards him. Paperwork seen by the Glasgow Times lodged by the franchise owner outlining of their defence alleges that Gerry acted in a threatening manner – despite the hearing being told none of his colleagues believed he had acted inappropriately.

READ MORE: German Doner Kebab to pay £13k after Glasgow man's sacking

He exclusively told the Glasgow Times: “It has been a nightmare - and it looks like it isn’t over yet.”

During the legal process, Gerry appeared at the tribunal to give evidence, with nobody appearing on behalf of his former employer, a factor which the ruling judge later said had influenced her final decision.

The hearing was told that on June 2 this year, the cleaner became embroiled in a disagreement with the manager of the branch in respect of holiday pay for a six-day break he had taken in May.

Gerry admitted that he shouted in frustration at his boss when he was told he wouldn’t be given the full amount he believed he was owed – but denied making any threats of violence.

The tribunal was told that the cleaner was sent a letter headed ‘confirming suspension and continuing investigation’ that outlined how the firm was probing claims that Gerry had ‘exerted bullying behaviour’.

He then received a further letter saying that if he failed to attend a meeting in June, a decision would be taken in his absence.

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He said: “I was in the right, if I was well enough I would have gone to defend my position, I didn’t want to lose my job and would have fought to keep it.”

Gerry was then lettered to tell him he was sacked with no notice or pay in lieu of notice – leaving him penniless. Soon his bank account was empty and he ended up in £20k of debt and living in a homeless shelter.

The judge’s original ruling described the sacked worker as a ‘completely credible witness’ and also noted a lack of corroboration for any claims that the 47-year-old had made any threats towards his ex-boss.

Gerry has since managed to secure a part-time job as a cleaner and says he is determined to fight for the money awarded to him.

He said: “Hopefully this appeal will be thrown out. If it comes to it, I will instruct sheriff officers to go in and get what I’m entitled to.”

A spokesperson for German Doner Kebab said: "GDK is the UK's fastest growing restaurant chain and we work closely with all of our franchise partners to create a positive and inclusive work environment for every member of the GDK family. 

 "We value our people who are at the heart of the GDK experience, and we expect all of our franchisees to legally comply with UK employment legislation. 

 "We continue to engage with our Glasgow franchise partner to discuss the matter, but we cannot comment further at this stage."