Shop worker suspended over Help for Heroes charity wristband resigns

 
Website crash: Help for Heroes t-shirt at the scene in Woolwich Picture: Jeremy Selwyn
Staff|Agency6 June 2013

A supermarket checkout assistant suspended from Morrisons for wearing a Help for Heroes charity wristband in support of murdered solider Lee Rigby has resigned, threatening the company with an unfair dismissal claim.

Human rights group Liberty, which is now representing Adam Austin, from Portsmouth, has threatened the chain with action if it does not issue a full apology and pay him compensation for lost earnings.

Mr Austin's suspension was ultimately lifted but he decided he could not continue working at the Victory Retail Park store after being questioned by management on his return about wearing the wristband and small poppy badge, Liberty said.

Liberty argues this was a "constructive dismissal" as Mr Austin resigned in response to one or more breaches of his contract.

Mr Austin, 28, wore the wristband and badge to work in tribute to Drummer Rigby after the solider was hacked to death near Woolwich barracks on May 22.

Corinna Ferguson, Liberty legal officer, said: "The ban on wearing a Help for Heroes wristband and a poppy badge was a clear interference with Mr Austin's right to freedom of expression under the Human Rights Act.

"Morrisons' unreasonable behaviour is underlined by the fact the policy was changed within two days of his suspension - a suspension carried out in such a way as to humiliate him in front of colleagues and customers alike."

Mr Austin claims he took off the wristband to avoid a scene in front of customers but was removed from his checkout by management staff, suspended pending a disciplinary hearing and escorted off the premises.

Mr Austin alleges he was originally accused of gross misconduct for not carrying out a reasonable instruction from a manager and for breaching company dress standards.

A couple of days later the company updated its rules on wristbands and badges to allow employees not preparing fresh food to wear such items in support of registered charities.

Mr Austin claims upon his return to work he was called into a meeting with management staff, quizzed about wearing the items and warned about using social media and speaking to journalists.

Liberty said Mr Austin would rely on Article 10 of the European Convention on Human Rights, the right to freedom of expression, at an employment tribunal.

Liberty argued that Mr Austin's "dismissal" was not fair under the Employment Rights Act 1996.

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