Biggart Baillie Solicitors

Age Discrimination

31st March 2008 

In a recent case this month (not yet reported), an 18 year old claimed she had suffered age discrimination when she was dismissed.   

This is the first case that has tested the application of the Employment Equality (Age) Regulations 2006 (“Regulations”) on a young worker.  It reminds us all that the Regulations protect young workers and that they cannot be dismissed for a reason related to their youth. 

This particular employee claimed the company had said she was too young for the post and that they needed an older person with more experience.   

The Tribunal ruled in her favour and: 

• awarded her £16,000 (including £5,000 for injury to feelings)
• said the company relied on "a stereotypical assumption that capability equals experience and experience equals older age ... age was the predominant reason for the decision to dismiss."
• ordered the company to provide any prospective employers with a truthful reference, stating the dismissal was carried out in breach of the regulations on the grounds of her age and not on the basis of ability.