Claim of age discrimination won by a Dementia sufferer

A shop worker with dementia has won an age discrimination claim against Asda after bosses asked her if she wanted to retire. A tribunal in Cardiff heard that Joan Hutchinson resigned at age 73 after the company created a "humiliating environment" for her with her manager making her feel "too old to be there". She had worked at the supermarket in Deeside, Flintshire, for 20 years.

In 2020, Mrs Hutchinson was diagnosed with dementia after exhibiting symptoms for the past three years. The hearing was told that during this time colleagues "violated her dignity" by rummaging through her bag when she could not find her keys and bus pass. On another occasion, the supermarket changed her hours so she did not have to drive in the dark, the panel heard. Mrs Hutchinson was later forced to give up driving after going the wrong way around a roundabout.

While shielding during lockdown her manager, Stacey Weston-Laing, who had been delivering groceries to her door, asked her in several phone conversations if she wanted to retire. The tribunal found the question to be discriminatory as "it is something that would not have been raised with an employee who was not of retirement age in similar circumstances in terms of presenting medical symptoms". Mrs Hutchinson eventually retired in September 2020.

The tribunal noted that 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", so while Mrs Hutchinson won her claim for age and disability discrimination and constructive dismissal, any potential compensation payout may be reduced.

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