A comment that someone was ‘too old’ could be age-related harassment.
Facts
Mr Bowskill was Managing Director of Select Support Partnerships Limited, a provider of care services. Mr Dalal was the ‘controlling mind’ of the organisation and he gave directions to Mr Bowskill.
In September 2017 Mr Bowskill and Mr Dalal had a meeting. During this meeting, Mr Dalal suggested that Mr Bowskill take a ‘new role’ in the company. Mr Dalal told Mr Bowskill that he was “too old to take stress and be driving around the country”. Mr Bowskill would report into Mr Dalal as the new Managing Director. Mr Bowskill considered this a demotion and wrote to Mr Dalal 11 days later to complain about it.
Mr Bowskill stated that Mr Dalal had (among other things):
Expressed ageist and derogatory remarks towards him.
Criticised Mr Bowskill’s performance of his role without following due procedure.
Appointed senior staff without his consent or input.
Removed Mr Bowskill’s authority and responsibility, and unilaterally demoted him.
Mr Bowskill did not return to the office and found employment elsewhere. He brought claims of age-related harassment and unfair dismissal.
Decision
The Employment Tribunal (ET) upheld Mr Bowskill’s unfair dismissal claim but ruled that his claim of harassment related to age was brought out of time.
Harassment
The ET said that, had it concluded that it was just and equitable to consider the age-related harassment claim out of time, it would have concluded that the comment by Mr Dalal that Mr Bowskill was “too old to take stress and be driving around the country” was harassment according to Mr Bowskill’s age. Although the ET conceded that this comment may not have been intended to violate Mr Bowskill’s dignity or create an intimidating, hostile, degrading, humiliating or offensive environment for Mr Bowskill, it did in fact have that effect. The fact that Mr Bowskill raised the comment in an email 11 days later was evidence that he was upset by the comment.
Unfair dismissal
The ET found that Mr Dalal, by telling Mr Bowskill he was going to be removed as Managing Director, was in fundamental breach of Mr Bowskill’s contract. As such, Mr Bowskill’s resignation was a constructive unfair dismissal.
Mr Bowskill was awarded £25,765.36 in compensation for his unfair dismissal.
The judgment is available here.
Mr A Bowskill v Select Support Partnerships Ltd: 2404183/2018