Asda employee resignation amounted to constructive dismissal and discrimination

Asda has lost an employment tribunal when it was found that they had discriminated against a 73-year-old employee who suffered from dementia.

The case centred on an employee who resigned from her role after her manager repeatedly asked her if she wanted to retire. The employee felt she was being “pushed out” of the business, was made to feel unwanted and felt “too old to be there”. The tribunal found that this amounted to age and disability-related harassment and direct age discrimination, as well as discrimination arising from disability. The claimant’s resignation also amounted to constructive unfair dismissal as the employer’s discrimination had breached the implied term of trust and confidence.

The retirement age has gone up in recent years, and it is not uncommon to have people working beyond what might be regarded as “retirement age”. It is therefore extremely important to treat each employee on a case-by-case basis and to be aware of the law around age and disability discrimination.

If the employer is concerned about an employee’s continuing ability to work the first step would be to refer the employee to occupational health. That way reasonable adjustments can be considered to help them continue to work.

If you are concerned about a capability issue with an employee, 121 HR Solutions is able to advise and can be contacted at enquiries@121hrsolutions.co.uk