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The Lithuanian worked at Basildon-based Kent Foods Limited from July 2016 to June 2020. About 90 percent of the company’s work involves delivering cargo to and from Tate & Lyle’s (T&L). The two companies maintain good business relations with each other.
This fact was mentioned by accident in the dispute between the employer and the employee. At the beginning of the quarantine, the T&L company said that everyone entering the area should wear face masks to reduce the chances of spreading the coronavirus. However, these rules have not been updated or published in the official company rules, which are publicly available.
After the start of the quarantine and the breach of this rule, a Lithuanian colleague lost his job, who also informed D. Kubilis about the requirements and the dismissal, warning him to be careful. However, the Lithuanian replied that he was not doing anything illegal: he was sitting in the cab of the truck, he was not in an open space and he did not have to wear a mask. The Lithuanian also referred the company rules to a colleague, who still did not say that masks were mandatory.
However, the Lithuanian himself was soon caught for not following this rule, but did not silently skip it.
Kent Food’s Ltd soon received a letter from T&L saying: “Obviously, if Kubilius cannot load the sugar himself because he does not wear a mask, his productivity suffers and he cannot do his job.”
D. Kubilius stated that he never and in the past did not use a mask in the cabin and that it was not an obstacle to entering the territory of the company, especially since the rules are not updated in the official instructions of the company, therefore the Lithuanian don’t feel guilty.
After receiving several such complaints and not finding a common language with the employee, the company decided to fire the Lithuanian from his job. Although D. Kubilius justified himself before the labor court, he could have felt affected by the ignorance of the pandemic, annoyed and therefore did not delve into the need to wear a mask, neither the court nor the employer were convinced.
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