Unfair dismissal claim by OO

A former director and employee of a Specsavers Opticians store took his claim of unfair dismissal to an employment tribunal this week. His wife is jointly seeking compensation for alleged unfair dismissal from the same outlet.

Stratford Employment Tribunal heard that Colin Smith, a dispensing optician, was sacked on November 27 2003 along with his wife Sa-ang, 43, a lab technician.

Mr Smith established the practice with an optometrist in 1994, with the two professionals acting as partners in a joint-venture agreement, receiving profits while Specsavers received various service charges.

However, Mark Sutton, counsel for the Smiths, said that in 1999 the optometrist was no longer able to participate.

Mr Smith then objected to plans by Specsavers to buy shares in the business.

Sutton said that Mr Smith regarded the share move as an 'unhappy development'. He said Specsavers obtained the shares but before they were registered Smith got a High Court injunction blocking their registration until further steps, said to have been agreed, had been taken.

Mr Smith had claimed there had been a clash between himself and Alan McLean, optometrist director who had been 'parachuted in' to the Basildon store. This was over the matter of the shares.

Mr Smith alleged that he was unhappy to discover that documentation in relation to 25 eye tests carried out by McLean at the Basildon store was not completed, and he had reported this. This week the law firm Wedlake Bell representing Mr Smith issued publicity claiming their client was a 'whistle blower'.

Sutton told the Tribunal that prior to their sacking, there was an investigation into Mr Smith and his wife and they were 'excluded from the shop and suspended', subject to disciplinary proceedings.

Tom Croxford, for Specsavers said that after the optometrist had left, the multiple had wished to ensure the joint venture carried on with an ophthalmic optician and had obtained the shares pending the appointment of an optometrist.

However, he said Mr Smith wanted to run it on his own with a locum or an employee and 'take the profits for himself'.

A Specsavers spokeswoman said: 'The Employment Tribunal hearing into claims brought by Colin and Sa-ang Smith against Specsavers is in its very early stages. The information contained in the press release from Wedlake Bell is based solely on the allegations made by Colin Smith to the Tribunal on its first day. The Tribunal has not found that Mr Smith was in fact a "whistleblower", an allegation that is strongly denied by Specsavers.

'Mr Smith's concerns - including those relating to record-keeping - were promptly and fully investigated at the time and the dismissal of Mrs Sa-ang Smith was for reasons unrelated to those pertaining to Colin Smith's dismissal.'

She said it was inappropriate to comment further at this stage, although she confirmed 'Specsavers will vigorously refute Mr Smith's allegations and defend its position as the tribunal progresses'.

Mr Smith has practised as a DO since 1980. He previously worked for Clement Clarke (1976-1987) and Specialeyes (1987-1994).

The hearing continues.