News
Employment Law Update (February 2010)
"Too young" sacked worker wins £16,000 for age
discrimination
Age discrimination became illegal in October 2006 but, other
than the debate on the "default" retirement age of 65, there has
been little publicity about the impact of this law on employers;
but employers should not forget the law is there! A recent
employment tribunal case highlights the perils employers face for
age discrimination and for failing to follow basic policies and
procedures when dealing with complaints from employees.
In the case, a worker aged 17 was dismissed within a few hours
of starting work for the first time, because the employer said it
was company policy not to employ people aged under 18. Although the
employee had worked for the company for less than a day, he was
awarded compensation totalling £16,000.
The case highlights how important it is that employers
understand the implications of seemingly minor rules, such as the
"over 18s only" rule. It also highlights the importance of
following the correct procedures when staff raise complaints, and
shows that all job applicants and staff with less than one year's
service have certain rights which can be costly for the employer to
ignore.
What were the facts of the case?
The employee was taken on by the employer to work in telesales
after posting his c.v. on the internet. The employer interviewed
him twice, without checking his age, and the employee started work.
The employer then allowed the employee to start work without
checking the employee's entitlement to work in the UK – which was
not an issue in this case, but which could have left the employer
open to a fine of up to £10,000 if the employee had not been
entitled to work in the UK.
The employee was dismissed on his first day of work because the
employer then said that it was company policy not to hire staff
below age 18. The employer gave two reasons for this at the
employment tribunal. Firstly, due to health and safety – because
the employee might have to work until 8.00 pm and it might be
dangerous for him to travel home at that time – and secondly,
because, unlike workers aged 18 or over, he would be restricted to
a 40 hour working week, and the rest of the staff might have to
work longer to meet their targets and so be resentful of him.
What did the employment tribunal decide?
The employment tribunal found that the reasons given by the
employer in an attempt to justify the age discrimination of
refusing employment to under 18s were not sufficient, and awarded
the claimant £4,000 for injury to his feelings.
The employer, however, made things much worse for itself by
refusing to deal with the matter properly when the employee
complained. Because the employee was claiming unlawful
discrimination, the rule about needing one year's service before
being able to claim unfair dismissal did not apply. In addition,
the company was obliged under the statutory dispute resolution
procedures to deal properly with grievances, which it failed to do,
and the tribunal used its powers to increase compensation by 50%.
The claimant was therefore awarded £12,000 for unfair dismissal;
approximately a year's wages.
What does the case show?
The case reminds us of three things:
- Age Discrimination law applies to all ages and employers should
check that none of their practices or policies is discriminatory –
and this includes any practices "informally" adopted by managers
when they recruit staff.
- Always check that any new staff you recruit have the right to
work in the UK before they start work. Check your Managing
Employees Toolkit or Personnel Guidance System for guidance on
this.
- Employers should always treat grievances seriously and take
advice from the Mentor Employment Law team, even if the person who
raises the grievance is new.
Finally, the best advice is always to take advice. The Mentor
Employment Law team is available to help keep you out of
trouble.