BBC Radio Wales Hutchinson v Asda Stores Ltd – Elissa Thursfield, Employment Law Solicitor explains how to avoid employment tribunal and comments on the recent Hutchinson v Asda Stores Ltd tribunal, as a BBC Contributor.
75 year old woman from Flintshire has won her legal claim against Asda for age and disability discrimination – Joan Hutchinsonhttps://youtu.be/yHea-AGH4eg
She was asked twice if she wanted to retire.
Asda presumed Joan’s age was causing her to not be able to complete her job role. Asda’s measures were well meaning however Asda undertook a risk assessment, for Covid reasons rather than medical evidence. They focused on her age and asked her about retirement. If this had been a younger person suffering with a mental impairment they probably wouldn’t have said anything about retirement, it would have all been based on medically what could have been done by the employee to keep their position.
If an employer makes a decision that someone can’t do their role, it should be done based on medical advice and going through the correct processes, rather than having knee jerk reactions of saying you’re nearing the age of retirement. Ensure you avoid employment tribunal by following the pointers below.
The key take away from this, to avoid employment tribunal;
– Respect the employees dignity;
– Always take medical advice or occupational health;
– Remind yourself of the the persons rights;
– Consider what role they could do;
– Is there any way you can support the employee?;
– If it is decided the employee cannot be supported to continue in employment then deal with it in an appropriate way whilst respecting the employees dignity and whilst showing compassion.
Elissa Thursfield, Employment Law Solicitor of HR Anchor and Gamlins Law is a regular BBC Contributor, subscribe to our channel to hear the next show.