Sacked man’s €18k award overturned

A security man sacked by Tesco after collaring a customer who called him a “fucking headcase” has lost an €18,000 award.

This follows the Employment Appeals Tribunal (EAT), in a majority decision, ruling the decision to sack Eddie Harris arising out of the incident outside its Balbriggan store in Dublin in March 2012 was fair.

As a result, the EAT has overturned an award to Mr Harris made by a rights commissioner.

In his evidence to the EAT, Mr Harris said on March 12, 2012, he was at the entrance to the Balbriggan Tesco store when he told a customer he would prefer if he did not go near him. According to Mr Harris the customer called him “a fucking headcase and other abusive terms”.

Mr Harris said he followed the customer out of the store and caught him by the collar and the customer caught him by the shirt.

Mr Harris told the customer he was sick of him calling him names and “this better be the end of it”.

The sacked security man told the tribunal he had been abused by this customer over a period of two and a half years.

Mr Harris had told his supervisor but agreed he had not made a formal complaint. A few weeks previously he had been travelling up the escalator with his wife — also an employee of Tesco — when the customer hurled abuse at him.

The report states: “When asked by the tribunal, he said that he had “just snapped” that day following years of abusive comments.”

Tesco launched an investigation that included the use of CCTV footage and Mr Harris was sacked in April 2012.

The EAT found on the day in question Mr Harris was not provoked and took it upon himself to follow the man out of the store and assaulted him.

The EAT said: “The tribunal are satisfied that in all of the circumstances the sanction was proportionate.”