A recent case has come before an Employment Tribunal which shows the need to be wary of giving “off the cuff” remarks. A Senior NHS Manager was passed over for a position, in favour of a colleague 13 years her junior. She claimed she had been discriminated against on the basis of her age. The Claimant was the preferred candidate for a role in the NHS. She had 38 years relevant experience. She had told her Manager that she was three years from retirement age (60), her Manager allegedly replied “I didn’t realise you were so old”. The Claimant was awarded £33,500 for injury to feelings; £5,700 aggravated damages as well as interest and a statutory uplift of 25% for failure to follow the old statutory procedures - her total award was £49,162.50.
The lesson to be learnt in this case is “be wary of what you say……………….”
Written by our HR specialist Simone Greasley