In Mr G Hardy v Topps Tiles plc Garry Hardy, 60, has won an unfair dismissal claim against Topps Tiles after he lost his job following an interaction with an ‘aggressive’ man who came into the shop to complain about an order. The angry customer became abusive before Mr Hardy asked him to leave and gestured while holding a cup of tea – ‘accidentally’ splashing the customer in the face. The customer then complained, accusing the manager of subjecting him to a ‘torrent of abuse’ and hurling the drink in his face.
But a tribunal sided with Mr Hardy as it ruled Topps Tiles had paid no regard to the need for him to stand up to a customer and protect himself from unwarranted abuse. The tribunal in Newcastle upon Tyne, Tyne and Wear, heard the episode unfolded after the ‘large and loud man’ came in and complained ‘aggressively’ to fellow shop worker Stephen Stubbs.
The hearing was told customer swore multiple times after Mr Hardy told him his delivery was not late – and asked Mr Hardy to go out to the car park ‘intending to escalate the situation into a physical altercation’.
The tribunal ruled he was unfairly dismissed as the customer’s version of events was not challenged or subjected to any scrutiny.
Employment Judge Sharon Langridge said: ‘No weight was attached to the possibility the customer was making a false or exaggerated pre-emptive complaint, nor to his own admissions of serious verbal abuse.
‘Overall, this appears to be a case where Topps Tiles took the view that the customer is always right, with little or no regard for the need for a store manager to stand up to a customer in order to protect himself or his colleagues from unwarranted abuse.’
Mr Hardy also won his claim that his dismissal was discriminatory because of his depression as Topps Tiles did not take it into account when they investigated the incident or when they decided to fire him.
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