An 88 year old medical secretary has won a claim of age discrimination after she was dismissed and forced out of her office by hospital security.

As we reported last year, Eileen Jolly, 88, was dismissed from her role at the Royal Berkshire Hospital.

Colleagues had reportedly raised concerns about her “frailty”. There had also been a concern that Mrs Jolly had been the cause of delays in women receiving treatment for non-urgent breast surgery.

However, the Employment Tribunal ruled in her favour.

It held that she had not received training when her job changed after another member of staff left and when the hospital changed its administration procedures.

There is a suspicion of the claimant being a scapegoat.
— Employment Judge Andrew Gumbiti-Zimuto

The Employment Tribunal held that there had been a “symbiosis” between Mrs Jolly’s age and the way they treated her. She had been subjected to comments by colleagues that were “inappropriate, hurtful and related to [her] age”.

A remedy hearing will be held in October.

Our legal analysis of the decision can be read here.