ASDA faced legal action after the supermarket giants sacked a disabled trolley porter for allegedly smoking in the wrong area.
Mark Misell had worked at the supermarket in Shoeburyness, Essex, for 30 years.
He has learning difficulties and is unable to read or write, Essex Live reports.
Asda allegedly fired Mark for smoking in the supermarket's car park rather than the designated smoking area.
The GMB Union accused Asda of discrimination against workers with disabilities.
They said there's "no way" Mark could have known about the smoking policy as he could not have read it.
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."
He added that Asda customers had contacted the union about Mark's situation since his dismissal.
Mr Dixon said the union had passed the matter on to their legal team " so that justice can be achieved for Mark" at an employment tribunal.
An Asda spokesman said: "We do not comment on individual colleague circumstances.
"We have advised Mr Misell and his representatives as to the next steps following the final hearing last week."
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