Man, 75, wins employment tribunal case following unfair dismissal

Judge awards 75-year-old man £6,800 following age discrimination employment tribunal case

A 75-year-old man who was dismissed from his gift shop job in Wanstead because of his age and told by his former boss to “go and find a job at B&Q”, has won his employment tribunal case.

Brian Smith, of Leytonstone, had been working at the Bennetts of London gift shop in Wanstead High Street, London, for 10 years when his former manager and owner of the gift shop, Veronica Bennett, started treating him unfairly.

The issues began following a summer refurbishment in 2015 when the shop was closed for a period of time. Ms Bennett failed to notify Mr Smith when the shop reopened and she did not include him on any of the shop’s rotas.

Man, aged 75, wins his employment tribunal following age discrimination dismissal

Mr Smith was dismissed from Bennetts of London in Wanstead High Street

The situation worsened when Ms Bennett cut Mr Smith’s working hours before finally making him redundant in March 2016, when she apparently made “offensive and personal” comments, including telling Mr Smith to look for work at B&Q.

The case went before an employment tribunal on October 7 when it was ruled that Veronica Bennett had unfairly dismissed Mr Smith due to age discrimination.

Judge Brown, a specialist employment law judge, told Ms Bennett that her actions had been “wounding and humiliating” and had led Mr Smith to feeling unwell and seeking advice from the Citizens’ Advice Bureau.

Ms Bennett was also judged to have breached her employment contract with Mr Smith because she had failed to pay him or offer him any working hours in accordance with his contract between September 2015 and March 2016.

Judge Brown ordered Veronica Bennett to pay a total of £6,822.23 to Mr Smith for unfair dismissal.

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