In King v Tesco Stores Limited, a 6ft tall Tesco worker has won a sex discrimination case after he was trapped in a room and intimidated by his 5ft 4ins female boss. Toby King, who suffers from PTSD, told an employment tribunal how Jo Francis “falsely imprisoned” him in a room at work during a discussion about overtime hours.
He described how Ms Francis, who was five months pregnant at the time, put her “foot against the door” and “physically prevented” him from leaving the room. CCTV footage from the supermarket showed Mr King squeezing himself out of the door. The tribunal heard it was ‘consistent with him having become increasingly anxious and borderline desperate to get out of the room’.
The tribunal hearing then heard how bosses mocked Mr King after the incident and said “a big man” couldn’t be frightened by a “little pregnant woman”.
Mr King, who worked as customer assistant at a Tesco store in Aylesbury, Buckinghamshire, was later sacked after he continually failed to show up for work.
Mr King was ‘vulnerable’ as he suffered from PTSD after being ‘held hostage’ while working for the Prison Service, and Tesco managers, including Ms Francis, knew about his condition.
Judge George said a female employee in the same situation as Mr King would not have been dismissed. The judge concluded: “There was no gross misconduct such as to justify a summary dismissal.” A hearing will be held at a later date to determine compensation.
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