Marks & Spencer unfairly fired an autistic man who worked at stores across Oxfordshire, an employment tribunal has found.

Jack Clarke was employed by the firm between July 2015 and July 2022 at stores in Oxford city centre, Cowley, Summertown and Didcot.

He was hired as part of a scheme designed to get people with disabilities into work, but was later dismissed after a colleague complained about his behaviour.

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The employment tribunal was held in Reading between July 31 and August 4 and the documents from the case have now been made public.

The tribunal heard that Mr Clarke allegedly made comments that made them feel uncomfortable and later leaned on them.

Mr Clarke denied that his actions were sexual.

He was arrested, but later released and the case was dealt with by means of a community resolution order.

A manager from another Marks and Spenser’s store was called in to assess the case internally.

Mr Clarke was suspended while the hearing was held and he was then sacked for gross misconduct.  

But the employment tribunal found that the manager in charge did not properly investigate the facts of the case.

It was concluded that he did not consider if Mr Clarke’s actions were a result of his autism, which the employee claimed they had been.

Overall the employment tribunal upheld Mr Clarke’s claims of unfair dismissal and discrimination arising from disability.

His claims of indirect discrimination and failure to make reasonable adjustments were upheld in part.

The claimant’s claim of victimisation was dismissed.

A spokesman for M&S said: "We are committed to providing an inclusive place of work for everyone.

"We also have a zero tolerance approach to inappropriate conduct of any kind, and when such conduct takes place, we will act to ensure we are meeting our duty to provide a safe and welcoming work place for all of our colleagues.”