Dyslexic M&S employee selected for redundancy for inaccuracies in emails was discriminated against and unfairly dismissed, tribunal rules - People Management Magazine
Judge says the large, well-resourced retail chain had ‘no reason’ not to comply with employment law principles
A dyslexic store layout planner was dismissed and discriminated against when she was selected for a redundancy process based on her ability to communicate and express her thoughts in emails.
The tribunal ruled that Marks and Spencer (M&S) did not seek expert opinion from occupational health about Ms Jandu’s dyslexia, and that it “discriminated against her because of things arising in consequence of her disability”.
The London Central Tribunal ruled that M&S’s selection criteria was unfair as it “contained no purely objective elements and left a great deal of scope for subjective opinion”.
It also said that as a “large, well-resourced and long-established high street retail chain” there was “no reason [that] it cannot be expected to comply with generally applicable employment law principles”.
Jandu’s claim for discrimination and unfair dismissal was upheld but further claims of age discrimination, race discrimination and discrimination because of her part-time worker status were dismissed upon withdrawal.
Jandu had been employed as a layout planner at M&S from 17 March 2013 until her dismissal on 31 October 2020, and was regarded as a “high performer” by her manager.
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