The Employment Tribunal found that age was a motivating factor in an employee’s dismissal despite attempts to cast it as performance-related or redundancy.
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Dismissal
A 61-year-old account manager was unfairly constructively dismissed after being put on a performance improvement plan without warning, but the majority of the Tribunal concluded there was no age discrimination.
The Employment Tribunal was required to reconsider parts of a decision on age discrimination after not properly considering the employer’s evidence.
The Court of Appeal extended the time limit to allow an employee’s claim for discrimination in an amendment application which was originally refused by the Tribunal.
It was age discrimination to subject someone to ageist comments, repeated use of the word “agile”, and having their age discrimination complaints treated less seriously (than race or sex discrimination complaints).
Previous “sham” redundancy involving an older employee was not evidence of age discrimination.
A woman was not dismissed because she was of “childbearing age”, meaning that she lost her claim of direct age discrimination
A Facebook job advert stating “Over 25s only” was enough to shift the burden of proof in a direct age discrimination claim, but the employer was able to disprove discrimination.
An Employment Tribunal has said that "last in first out" is not an irrational method of redundancy selection.
The dismissal of a hairdresser for redundancy was not age discrimination, despite the fact that two younger members who were also made redundant had carried on working in the salon in a different capacity.
A Catholic Primary School did not have a practice or policy of hiring less experienced (and younger) teachers.
An Employment Tribunal found that a 54-year-old employee did not suffer age discrimination despite being made redundant 12 weeks before being able to access his pension.
Two care assistants could not show any unfavourable treatment related to their age after they resigned following an investigation into their poor treatment of residents.
An 88 year old woman who was sacked has become the oldest person to win an age discrimination claim.
Firing a 60 year old woman because she would not be a “good fit” in a “younger team” was direct age discrimination.
An Employment Tribunal dismissed an age discrimination claim which argued that a Council worker had been sacked because of a stereotypical assumption about the behaviour of older men.
An Employment Tribunal has rejected the claim of a former employee against Virgin Active, who argued that she was both forced to resign and subjected to harassment because of her age.
A Tribunal accepted that comments made by a General Manager that “old workers like old football players need to leave so that it could bring in new blood otherwise the team would not be efficient” were age discrimination.