Asda: Woman with dementia wins unfair dismissal claim

The claimant worked at the Asda store in Queensferry, Flintshire

A 75-year-old woman with dementia has won a legal claim against supermarket chain Asda for age and disability discrimination and unfair dismissal.

Joan Hutchinson, from Buckley, Flintshire was asked by her manager twice if she wanted to retire from her job at Asda's Queensferry store.

An employment tribunal in Cardiff found this was discriminatory.

In response, Asda said it was "an inclusive employer that is proud to employ colleagues of all ages".

Bag rummaged through

The store added: "We apologise to Ms Hutchinson for her experiences."

The tribunal heard that Asda was supportive of Mrs Hutchinson when she was forced to isolate during the first lockdown as a clinically vulnerable person, her manager even brought her shopping and asked about her well-being.

But after colleagues noticed her becoming confused and needing more assistance, the issue of retirement was raised.

Mrs Hutchinson had worked at the supermarket for 20 years but resigned in September 2020. At the time she was working in the George clothing department of the store.

The tribunal also concluded that her dignity had been violated when a staff member went through her bag after she couldn't find her keys and bus pass.

The tribunal judgement said: "The claimant was treated unfavourably in that she was asked on more than one occasion to retire, that her bag was rummaged in by someone else and that her symptoms were presented to her in a meeting which resulted in her becoming agitated."

Citing age and disability-related harassment, the tribunal found Mrs Hutchinson resigned only after her employer breached "the implied term of trust and confidence" so was unfairly dismissed.