Tribunal hears denial of 'threats and abuse'

Conflicting claims have emerged in the latest evidence from the employment tribunal of Colin and Sa-ang Smith.  Smith, a former employee and director of Specsavers Opticians in Basildon, has claimed he was threatened and abused before losing his job.

The man at the centre of these allegations, Alan McLean, who was a co-director of the practice, denied these claims this week.

The case, first reported in last week's optician, is being heard at Stratford Employment Tribunal and is expected to last nearly a fortnight. The Smiths are jointly seeking compensation for alleged unfair dismissal from the same Basildon practice. Specsavers has said it fully investigated the claims, vigorously refutes the allegations and will defend its position robustly.

Smith, a DO, told the hearing last week that Specsavers 'parachuted' in McLean, as a new partner at the outlet. Smith claimed McLean failed to carry out correct record keeping procedures and reported the matter to Specsavers. Later Smith and his wife were suspended and then sacked.
A Specsavers spokeswoman told optician this week: 'Specsavers' professional services director conducted a thorough review, which included an assessment of patient records. Recommendations were made to improve record keeping and administration at the practice. Those recommendations have been implemented and we are confident that administration at the practice is now fully compliant with best practice.'

Smith also told the hearing that when he first met McLean, then SOG's director of operations, McLean told him that 'I had cost the business £20,000 in legal fees', which it wanted back.

'I replied that this situation was the result of SOG's own actions not my own,' said Smith. He claimed McLean then became aggressive, saying he would smack him in the mouth.

'SOG dismissed me based on the purported breakdown in communication and an inability of the directors to work together, which, as well as not being the focus of the disciplinary proceedings against me, I believe was a situation created by the board as a pretence to dismissing me.'

In response, McLean told the tribunal this week that he had been 'passionate and enthusiastic' in his meeting with Smith, but denied threatening to assault him. McLean said: 'I absolutely deny I threatened to smash Colin in the mouth. I was incredulous how bitter he was with SOG and his attitude to me. I've never experienced such an attitude in all my years with SOG.'

He told the tribunal he first met Smith in 1999 after the previous optometrist had left the Basildon store.

'[Smith] wasn't happy about a prospective partner. I told him he should show a little more faith in SOG. He made it clear he trusted no one. He thought SOG didn't care about his partner. I went to some lengths to persuade him otherwise.'

McLean told the hearing he had become a co-director at the store four years later, in 2003 because the shares were 'being sold at a cheap price - half price' and he was keen to exploit the position. He claimed he believed his 'passion' was best placed in a store and added: 'When I gave up the SOG mantle the only direction I wanted to go in was as a joint venture partner.'

The hearing continues.