Age Discrimination and comments at work

ET did not find age discrimination where Claimant called "old" over IT skills.

The ET has dismissed the Claimant's claims of direct age, race and sex discrimination, as well as claims of harassment and victimisation.

The Claimant worked for the Respondent as a Sales Designer from 4 July 2022 until she was dismissed on 1 December 2022, having failed to pass her probationary period.

The Claimant alleged that her dismissal was motivated by discrimination and that she was subjected to harassment and victimisation after raising grievances.

The Tribunal, after a detailed review of the evidence, found the Claimant's recollections to be unreliable and concluded that the majority of the alleged incidents did not occur as described or were not linked to protected characteristics. The Tribunal accepted that at one point when the Claimant (39) said that she did not know how to add attachments to a document, a colleague (late 20s) said to her that it was "coz you're old".

Interestingly through, the Tribunal concluded that the Claimant's colleague would have made the same comment to anyone older than him and as such the claim of direct age discrimination was not well founded. (Ms Farah Janjua v Harvey Jones Ltd (in administration) & Ors)