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Former Tesco works loses unfair dismissal case

June 29 2015

A former Tesco worker has failed in a bid to bring an unfair dismissal case against the supermarket giant after losing his job.

Tesco maintained that the man failed to reach the minimum productivity level set by the firm, which he agreed with, but says it was not flagged up as an issue during his time working at a store in Tallaght,  Republic of Ireland.

He said it only became an issue when he went to work at a store in  Donabate, north of Dublin.

He told the employment tribunal that he had applied for another position of clerk within the company and had been interviewed for the job.

The job of clerk was not an administrative position but did not involve as much lifting as the man’s normal job. He said he was unsuccessful despite the fact that he had previously carried out the task of clerk and occasionally continued to do so after being rejected for the job.

The former worker claimed that other jobs would come up from time to time but that he was unaware of all of these as he would only be told about jobs that the manager recommended to him.

The employee said he never raised back problems he suffered as a health and safety issue but told the tribunal that the company was aware of his condition.

The employee claimed that despite his best efforts, he could not reach the minimum productivity rate and that it was unreasonable of the Tesco to dismiss him for this.

The tribunal said it was satisfied that in all the circumstances the company acted ‘reasonably and followed fair procedures’ in reaching a decision to dismiss him.

The tribunal said the employee was not unfairly dismissed by Tesco and his claim under fails to come under the Unfair Dismissals Acts, 1977 to 2007.