John Lewis has been ordered to pay £47,000 to a Waitrose worker after it dismissed him for sending texts to his manager about a knife.
The worker, M Z Kabir, joined Waitrose in October 2002, working as a supermarket assistant, but was fired on June 29, 2020, after more than 17 years.
He then took John Lewis PLC, the owner of both John Lewis and Waitrose, to an employment tribunal for unfair dismissal, wrongful dismissal and not getting paid four weeks of holiday pay.
Kabir had a spotless record bar a couple of minor disputes about stock being left on shelves past its sell-by date, which he says were not his fault.
But on July 20, 2020, Kabir sent texts to colleague Matthew Ford, the assistant team manager at the store.
The tribunal heard that the two men had a "positive working relationship".
Kabir texted Ford saying: "I found a knife... I don't know what to do."
Ford messaged back saying: "What?"
Kabir responded with three smiley face emojis with heart eyes, and asked: "Are you scared?"
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Ford replied: "I have no idea what you’re on about."
Kabir said: "What time you finish today" and asked when he would see Ford next.
The tribunal heard that Kabir did not mean to be threatening.
After the texts he made three phone calls to Ford, which went unanswered, when he realised the conversation "may have been concerning".
On July 21 Ford spoke to his line manager, Ms Lakey, and the branch manager, Rob Pender, and said he was worried Kabir might come to work with a knife.
When Kabir arrived for his shift at 7pm that evening, a police officer was waiting for him, and searched him.
The tribunal heard Kabir was "extremely nervous" and did not have a knife on him.
The officer told Kabir it was an offence to threaten someone over the telephone, and Kabir said he thought it was a joke.
The police accepted Kabir's explanation and did not charge him.
Kabir later texted Ford to apologise, and asked for forgiveness, which Ford gave.
However, on July 23, Ms Lakey met with Kabir and he was told to attend a disciplinary hearing.
In the hearing, Kabir said he should not have sent the texts, but was joking when he did.
He added that the knife reference was because he was in the kitchen at the time making a meal for his children.
Kabir was then dismissed for serious misconduct. He appealed on August 4, but this was rejected.
He then took the case to an employment tribunal.
The tribunal said: "He had sent some stupid, random text messages to his manager without thinking of how they could be received...
"There was no evidence that the claimant had any intention to harm or to scare Mr Ford."
The tribunal decided Kabir was unfairly and wrongly dismissed by John Lewis PLC, and awarded him £47,192.90.
John Lewis workers are known as partners, as the organisation is owned by its employees.
A John Lewis spokesperson said: "We strive to be a fair employer and the safety of our partners is always paramount.
“We recognise that the disciplinary process would have been difficult for Mr Kabir and ensured he was offered support.
“We believed these text messages breached our clear code of conduct, and that we had acted fairly in the circumstances.”
