Pensioner sues Asda for age discrimination after bosses asked 'if she wants to retire'

An elderly dementia sufferer has sued Asda for age discrimination and won after her boss asked if she wanted to retire.

Joan Hutchinson resigned after her manager made her feel she was being ‘pushed out of the business’ and ‘too old to be there’, a tribunal heard.

The then 73-year-old had worked at the supermarket for 20 years, an employment tribunal heard.

But colleagues began to notice her slowing down at work, becoming ‘flustered’ and losing her personal belongings.

On one occasion she walked to work because she could not remember where the bus stop was, the panel was told.

However, she refused to speak to the supermarket’s occupational health department or have her bosses speak to her family.

Last year, during the first national Covid lockdown, Hutchinson was forced to isolate.

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During that time her boss - who delivered shopping to her while she was shielding - was found to have asked her if she wanted to retire, which the tribunal found upset her.

And when she returned to work at the supermarket another colleague ‘violated her dignity’ by rummaging through Hutchinson’s bag to help when she could not find her keys and bus pass.

The shop worker eventually quit and took the retail giant to the tribunal, where she won her claims of age and disability discrimination as well as constructive dismissal.

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Hutchinson could now be in line for compensation, but any potential payout may be reduced.

This is because the tribunal said if she had carried on working at Asda it was likely she would have been fairly dismissed ‘for reasons of incapacity owing to the deterioration in her condition’.

The hearing in Cardiff heard Hutchinson, now 75, worked in the George clothing department of the Asda store in Deeside, Wales, for two decades until she resigned on September 25, 2020.

The panel was told that around 2017 her son, Chris Hutchinson, noticed she was exhibiting symptoms of dementia . However, she did not receive a formal diagnosis for another three years.

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Stacey Weston-Laing, the section leader within the George department, and a number of other colleagues became concerned about her ‘appearing confused, losing keys and forgetting things’.

The supermarket changed her hours so she did not have to drive in the dark, the tribunal heard.

Joanne Clitherow, Hutchinson’s daughter, told the tribunal her mother said Weston-Laing had twice asked if she wanted to retire during a phone conversation over lockdown.

Her mother said ‘no’ and had been upset as she felt they did not want her at Asda any more.

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Weston-Laing told the tribunal it was Hutchinson who had initiated the subject as she was scared of coming back to work.

However, the tribunal found it was the manager who had raised the possibility of retirement ‘on more than one occasion’.

“This may have been said in a well-meaning way but, nevertheless, we find that it was said,” the tribunal said.

An Asda spokesperson said: "Asda is an inclusive employer that is proud to employ colleagues of all ages. We apologise to Ms Hutchinson for her experiences."

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