Dismissal | Sainsbury's were 'out of tune' when sacking headphone-wearing worker

A Sainsbury’s worker, who was sacked for wearing headphones, was unfairly dismissed - a tribunal has heard.

The employee, Victor Onyike, worked as a Commercial Assistant in the supermarket’s delivery yard. He was dismissed in March this year for wearing headphones. This displayed a failure to follow health and safety procedures – CIPD reports.

Onyike worked in a high-risk area: the loading bay dealing with deliveries and the loading and unloading of vans. However, a safe working practice notice did not specify against wearing headphones.

In March 2017, Store Manager, Mike Miller, saw Onyike working with headphones on. In a statement, he recalls telling Onyike to remove them. Onyike was then confronted by another store manager for wearing headphones a few days later, but Onyike claimed they were turned off.