A Devizes couple who played Good Samaritan and gave work experience to a prisoner at Erlestoke Prison could have to pay up for unfair dismissal.

Michelle and Paul Wells, whose company M&P Steelcraft build canal boats, barges and trawlers, were appalled to hear that an employment tribunal had allowed former prisoner Russell Ellis to bring a claim for unfair dismissal against them.

They took Mr Ellis on in September 2005. All arrangements were made through the resettlement unit at Erlestoke Prison. During the first three months, Mr Ellis received no payment.

Mr and Mrs Wells were so impressed by Mr Ellis's welding skills they moved on with him to the next phase of resettlement, six months during which he received the minimum wage but he was still a prisoner and returned to his cell each night.

They provided him with a contract of employment but it was not signed because the prison said inmates were not allowed to sign contracts.

When Mr Ellis was released from prison they took him on as a full-time employee but he was sacked in June 2006 for unreliability.

Mr and Mrs Wells said they were told while Mr Ellis was still in prison, he had no employment rights.

But, despite hearing from counsel for the prison, tribunal chairman Mr C G Toomer, held that Mr Ellis's employment began with the six months he was being paid by them, even though he was still in custody. This would give him the necessary 12 months employment to make a claim for unfair dismissal.

Mr Ellis can now go ahead with his claim at a later hearing.

Mr and Mrs Wells' legal bill is likely to be around £15,000.

Mr Wells said: "We feel we have been shafted by the system. This is something the Home Office should have sorted out."

A spokesman for the Home Office said: "Time spent in resettlement prisons affords prisoners the opportunity to find work, re-establish family ties, reintegrate into the community and ensure housing needs are met.

"For long-term prisoners these are essential components for successful resettlement and important in protecting the public."

Mr Ellis was unavailable for comment this week.