Cleaner unfairly dismissed for pay protest at Topshop, tribunal rules

An employment tribunal found that Susana Benavides, a 43-year-old cleaner at Topshop, was unfairly dismissed for trade union activities.

In March 2016, Mrs Benavides helped to organise a 200-person protest against the rates for agency cleaners in front of the Oxford Street branch of Topshop. As a member of the United Voices of the Work union (UVW), the mother of three explained to the tribunal that she was getting paid £6.75 an hour and was hoping to get her and her colleagues’ pay increased to the living wage in London, which, at the time, was £9.40.

In February 2016, UVW wrote a letter to Britannia detailing that “a large demonstration will take place on 12 March in the event that a resolution has not been reached by 11 March”, and shared a link to the Facebook page about the demonstration. Britannia did not reply and the protest went ahead, resulting in the Topshop store closing for 15 minutes.

Britannia’s owner and managing director, Mr Shaw, was “thoroughly irked” by the demonstration and felt that the claimant should be dismissed. However, Britannia denied that the claimant was dismissed due to her trade union actions, but instead was dismissed on the grounds of gross misconduct relating to her activities on social media.

Ms Benavides, who had been a cleaner at the Oxford Street branch from 2009 until her dismissal, took her legal proceedings against Britannia to the Central London Employment Tribunal.

Although she has won the right to damages, this has not yet been calculated, but could be up to £75,000.

Judge Pearl ruled that Britannia had fired Ms Benavides for exercising her right to campaign for better pay and conditions as part of a union.

“No reasonable employer would have been acting reasonably in dismissing Ms Benavides in the circumstances,” said the judge.

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