Veitch Penny LLP - Exeter | Crediton, Devon

Case

Wilkinson v Springwell Engineering
Employment Appeal Tribunal

Issues

(1) The Employment Equality (Age) Regulations 2006 (“the Regulations”)
(2) Discrimination on grounds of age
(3) Injury to feelings

Facts

Leanne Wilkinson had been employed by Springwell Engineering in Newcastle upon Tyne as an administrative assistant. At 18, she was dismissed and told that she was too young for the position. Her employers had decided they needed an older person with more experience.

She made a claim to the Employment Tribunal of age discrimination. She disputed the employers’ opinion of her performance.

Decision

The Employment Tribunal found that she had been discriminated against on the grounds of age. In the panel’s view, the evidence supplied by the company did not show that she had performed poorly, as they had suggested.

In their decision, the Tribunal said that the company had relied on “a stereotypical assumption that capability equals experience and experience equals older age”. They concluded “that age was the predominant reason for the decision to dismiss”.

Ms Willkinson was subsequently awarded £16,081.12 including an award of £5,000 in relation to injury to feelings.

A further order was made requiring the company to tell prospective employers that Ms Wilkinson’s dismissal was in breach of the Regulations and discrimination on grounds of age and not in relation to her capability.

Comments

There is a misconception that the Regulations are designed to protect older workers, so this case is a timely reminder that the Age Discrimination Regulations apply equally to younger workers as to older.


Rachel Billen - Associate Solicitor, Commercial Department at Veitch Penny.
Tel: 01392 278381, Fax: 01392 410247, Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This Employment Law Update does not constitute legal or other professional advice and should not be relied on as such. You should take specific advice regarding your circumstances before taking any action based on the information contained within this Update.