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UNFAIR
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One of the most common employment law situations we see is Unfair Dismissal. If you feel that you have been unfairly dismissed, call us now.

 

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Important legislation now exists to prevent workers being discriminated against in the workplace. If you feel you have been discriminated against please call us today.

 

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Employment Law Glasgow

B&Q Face Employment Tribunal Over Unfair Dismissal

An 82-year-old grandad and former soldier has had his unfair dismissal empoyment tribunal case against DIY giants B&Q adjourned until July after he was dismissed for keeping his till open for three minutes.

Ivor Smith was dismissed for leaving his till open for over three minutes at the Parkhead store in the East End of Glasgow, although he did not leave it unattended. The former staff member claimed to have been counting £200 in cash and wanted to check it was accurate. However, he was ushered from the building due to the incident following 12 years of employment with the company.

Following what he described as being treated “with utter contempt” Mr Smith opted to take legal action against his former employer.

Potential Unfair Dismissal

Mr Smith had been praised in a letter of appraisal in 2010 for his 100% attendance record, however, following an incident in the warehouse which saw him break his toes he was moved to tills despite having no training in their operation.

In further appraisals, he was criticised for slow operation on the tills that would lead to his dismissal when it was opened for more than three minutes. Despite not leaving the area, B&Q stated that it gave customers “potential access” to lift cash in the till.

In an employment tribunal he said: “I was escorted out by security as if I was a common criminal and told I was not allowed to speak to any other members of staff at all.

“When one of my family took my uniform back, a female member of staff burst into tears because she knew I was forced to leave.”

Ivor says he was singled out and treated unfairly and has suffered extreme upset as a result.

“The stress has been immense.”

Despite the claim, B&Q defended their record in regards to employing the elderly and stated that Mr Smith’s till was £700 short that day, although this was not associated with him.

A B&Q spokeswoman said: “We can confirm this case is ongoing but cannot say anything about it specifically that might prejudice the legal process.

“B&Q have a strong track record of employing older workers.

“We removed the compulsory retirement age in the mid-1990s and more than 30% of our current employees are over 50.”

Harassed and Mistreated

Mr Smith has sought legal action following the incident with his lawyer stating: “The only thing Mr Smith is guilty of is serving a customer too slowly – not gross misconduct.

“The company did not act in a reasonable way by dismissing him.”

At Employment Law Glasgow, we understand that issues that can arise in taking legal action against your employer.  If you have been discriminated against or mistreated we believe that you are entitled to take legal action and hold those responsible to account.

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If you require legal advice regarding any employment law issue, whether it be to negotiate a settlement agreement or to begin legal proceedings, our team of employment solicitors can help. Contact us today using our online contact form.

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