The scene outside the IW Magistrates' Court this morning. Picture by Robin Crossley.
WORKERS occupying Vestas Blades plant in Newport were given a stay of execution today (Wednesday) when a county court judge ruled that managers had not prepared the legal case to throw them out of the factory correctly.
Judge Graham White ordered Vestas’ legal team to come back next Tuesday (August 4) with papers to evict the workers after hearing evidence that workers named by Vestas had not been personally served with eviction notices.
As news filtered through to the hundreds of protestors outside, they began to cheer and chant 'The workers united will never be defeated.’
Steve Stotesbury, a Vestas worker who has been elected to represent the workers staging a sit-in at the factory, said: "This is a peaceful demonstration and that has been proved in court. We now say, management, come and join us at the negotiating table, lets sort this out. We are willing to talk.
"If they still do not heed our warning, I say fight on, victory is in sight."
From inside the factory, Mark Smith said: "We are all over the moon. As soon as the news broke we were all jumping up and down. Last night we all put in letters of appeal against our letters of dismissal on the grounds the company did not follow procedures."
Judge White told Vestas’ legal team he expected them to get their facts straight when they came before the court.
He ruled that Vestas had not complied with rules which govern the length of time that court proceedings can be instigated after papers to evict the workers had been served.
He said: "They must be served two clear days before the hearing date. It is accepted by the claimant that it was not and I can see no compelling reason why I should shorten that period."
He added: "I see no clear evidence of any threat of violence to property or persons by reason of the individuals occupying the property remaining there. It does not mean I sanction them remaining there.
"As far as service on named individuals is concerned, the law is very clear. Any named individual must be personally served and I am not satisfied that any named individual there apart from Mark Smith has been personally served."
For Vestas, Adam Rosenthal argued that the workers had been 'tentatively identified’ but Judge White told him he was 'distinctly uncomfortable’ with Vestas’ position.
He said: "They have not been tentatively identified, they are on the claim form. They are all listed. One does expect claimants to get their facts straight."
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