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ASDA sacks disabled man for smoking in car park

Mark Misell
Mark Misell Image credit:

A disabled trolley porter is taking ASDA to court after the supermarket chain fired him for having a cigarette in the allegedly wrong smoking area.

Mark Misell, who has learning disabilities and unable to read or write, had been working at the store in Shoeburyness, Essex for the past 30 years until his career went up in smoke!

He was sacked for smoking in the supermarket’s car park instead of the area designated for smokers.

According to the GMB Union Misell was unaware where he was not permitted to have a cigarette because he is unable to read ASDA’s smoking policy.

Keith Dixon, GMB Regional Organiser, told Essex Live: "This is another example of Asda's discrimination against those working for the business who have disabilities.

"‘There was no attempt to take into consideration Mark’s mental health.

"Asda appear to be operating a revolving door scenario where those with disabilities are pushed out of the business to be replaced by non-disabled colleagues."

Dixon added the incident has been escalated to their legal team " so that justice can be achieved for Mark" at an employment tribunal.

An Asda spokesman said: "We do not comment on individual colleague circumstances.

"We have advised Mr Misell and his representatives as to the next steps following the final hearing last week."

In February 2021, Asda said that it might need to put 5,000 jobs at risk as part of reconstruction plan in the context of people shopping online.