Rail worker Tony Robshaw claims he lost his job because his ticket booth was too small for his 6ft 1in frame.

Mr Robshaw said working in the excess ticket booth at Hove Station left him in agony.

He said he was forced to take time off to recover from his injuries - and was then sacked by rail firm Connex.

Mr Robshaw is now claiming unfair dismissal.

He told the Brighton tribunal yesterday: "I was in sheer and utter agony and could barely move and then, to put a cherry on it, I was fired."

The 44-year-old, of Valencia Road, Worthing, says the rail firm treated him unfairly because his cramped working conditions were to blame for his severe back problems.

The booth was too small and there was not enough room for him to carry out his duties without twisting around.

He said: "I had a swivel chair but I could not swivel round because there was no room. I had to twist my body to operate the ticket machine."

Mr Robshaw, who is still receiving treatment for his back and may have to undergo an operation, believes the company should have contacted his physiotherapist to find out more about his condition and could have offered him an alternative job when he was ready to return to work.

The tribunal heard he had never taken time off ill until he hurt his back.

The rail company decided to sack Mr Robshaw, who joined the firm in November 1998, because he had still not completed a 12-month probationary period when he went off sick in October 1999.

He told the hearing: "I was 13 days short of my year's probationary period. It appears staff on probation have no rights at all. I was in shock. I did not believe it."

Mr Robshaw, who says colleagues regularly complained about the size of the booth to management, said he had been financially ruined by losing his job and was still receiving incapacity benefit. He hoped to find another job in the near future.

Connex denies treating Mr Robshaw unfairly. The company claims he never complained to his managers about the problems he had working in the booth.

Yvonne Somerville, who was duty station manager at Hove at the time, said the decision was made to sack him following a telephone call during which he informed her he was taking painkillers, having physiotherapy twice a week and did not know when he would be able to return to work. His employment was terminated because his attendance record failed to meet the requirements of his probationary period.

She said: "I got the impression from the conversation he was not intending to return to work or, if he was, not for a long time."

The tribunal reserved its decision.