Tribunal finds Tesco unfairly dismissed lung cancer victim

The Employment Appeals Tribunal found that Tescos disciplinary procedures were flawed to the extent that Ms Adeniyi was prejudiced by them. Photograph: Dara Mac Dnaill

The Employment Appeals Tribunal (EAT) has found that the Irish arm of supermarket giant Tesco unfairly dismissed a lung cancer victim.

Mary Adeniyi had worked with Tesco since 2004, but fell ill in October 2010 and three months later was diagnosed with lung cancer.

A supervisor with the retailer, Ms Adeniyi was on sick leave due to the cancer treatment, but told the hearing that she always intended to return to work and was shocked when she was dismissed.

Ms Adeniyi attended a welfare meeting with her then Tesco store manager in July 2011 and informed her of her illness and further treatments which required her to travel to the UK.

After receiving a letter from Tesco in March 2011, Ms Adeniyi telephoned the personnel manager and explained that she was too weak to attend meetings at that time.

Ms Adeniyi had provided an initial letter from her hospital, which she believed clearly set out her medical condition.

In July 2012, Tesco dismissed Ms Adeniyi by letter after claiming that she did not keep the firm up to date with medical certs.

Tesco believed that Ms Adeniyi had gone AWOL after being on sick leave for 18 months.

However, the EAT stated this it was satisfied that Ms Adeniyi satisfied her obligation under the company policy to keep the company informed of her health status.

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Tribunal finds Tesco unfairly dismissed lung cancer victim