A 37 year old job applicant’s age discrimination claim has been struck out by the Employment Tribunal for being “fatally flawed”.
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Employment Tribunal
The “we treat everyone that way” defence – also known as the “bastard” defence – helped in part to defend a claim of discrimination, but calling someone “too old” for the job was found to be age-related harassment.
An age discrimination claim was struck out because there was a lack of evidence to demonstrate any reasonable prospect of success.
A job advert seeking “newly qualified HR professionals” did not cause age discrimination because the potential applicant suffered no detriment.
Although a belief that insurance cover prevented a 67 year old from driving was erroneous (the policy actually prevented 70+ year olds from driving) it was not age discrimination to stop him from driving. A justification defence succeeded.
A doctor left a pension scheme to avoid tax penalties. Years later, his employer set up a scheme to compensate those affected. It wasn't indirect age discrimination to limit the retrospective effect of the scheme.
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.
Instances of alleged age discrimination were not part of a continuing act because they involved treatment by different people and long periods of time had passed between each incident.
It was not indirect age discrimination to use an internal Talent Pool when deciding who to recruit. Even if it were age discrimination, it would have been justified.
There was no age discrimination after a 58-year-old was rejected following a group exercise at an assessment day.
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.
There was no direct, or indirect, age discrimination after two part-time partial retirees had their posts deleted.
An Employment Tribunal has found that there was no age discrimination in a case in which it was alleged a worker was referred to as “young, pretty and single”
Bullying behaviour towards an older trainee at the DWP was direct discrimination and harassment on the grounds of age.
An Employment Tribunal has found that an applicant for a park attendant role was directly discriminated against because of their age. It is a reminder of the benefit of prepared and scripted interviews, and the dangers of unscripted ones.
A taxi driver/controller won his claim for direct age discrimination after being told, three years before his retirement date, that he had become “part of the furniture” but was “too old to work here”.
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.
Age-related harassment cases are rare. In this case, an Employment Tribunal has held that giving someone extra work and setting them objectives did not amount to less favourable treatment because of age, nor was it harassment.