A SUPERMARKET employee with learning difficulties was sacked after smoking in the wrong area in an “act of discrimination”, it is claimed.

Ex-Asda employee Mark Misell was employed at the chain’s Shoebury store for 30 years before his dismissal.

Workers union GMB said Mr Misell never fell foul of any Asda rules during his employment, bar the one occasion where he smoked in the car park instead of the smoking shelter.

The union claim Mr Misell did this to not stop his work.

A GMB spokesman said: “Mark suffers from learning difficulties and is not able to read or write. As such there was no way in which he was able to read any of Asda’s policies.

“Mark, who worked as a porter within the car park at the store, was proud to go to work so that he could assist customers.

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“On the day in question, Mark chose to have a cigarette within the car park so that he did not have to stop his work and walk to the designated smoking shelter.

“Throughout the farcical disciplinary process, Asda’s management incorrectly claimed that the allegation was a breach of the law and that Mark’s learning difficulties and inability to read and write had no bearing upon the matter.”

Keith Dixon, GMB regional organiser, said: “This is another example of Asda’s discrimination against those working for the business who have disabilities.

“There was no attempt to take into consideration Mark’s mental health “Asda appear to be operating a revolving door scenario where those with disabilities are pushed out of the business to be replaced by non-disabled colleagues.

“Gone are the days when Asda would respect their workforce and support those with disabilities.

“It is becoming common practice for colleagues with disabilities to be challenged upon their work rate, work speed or matters to which they have no control.

“ASDA must adhere to the Equality Act 2010 and start to make reasonable adjustments for employees with disabilities.”

Mr Dixon said the supermarket chain should be “ashamed” of Mr Misell’s dismissal and the union intend to pursue the matter at an employment tribunal.

He added: “Since Mark’s dismissal customers from Asda have contacted GMB London Region to air their thoughts upon the way in which Asda have treated Mark.

“GMB London Region have passed this matter onto our legal teams to bring to an employment tribunal so that justice can be achieved for Mark.

“Asda need to change their ways and reconsider the decision made. It’s time to do the right thing for Mark and all those like Mark.”

An Asda spokesman said: "We do not comment on individual colleague circumstances and we have advised Mr. Misell and his representatives as to the next steps following the final hearing last week."