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Age discrimination: preventing discriminatory behaviour
Employers are having to be more careful about the behaviour of their managers and employees to avoid discrimination claims. Two recent cases relating to age discrimination have demonstrated the fine line between behaviour that could have amounted to discrimination and behaviour that did not.
‘Back in your day’ comment
In Couperthwaite v Hilton Nursing Partners, the employment tribunal found no clear evidence that Ms. Couperthwaite’s younger colleague made the alleged comment, “back in your day.”
However, the employment judge explained that if the comment had been made, the context could have mattered. It might have been accepted as unwanted conduct related to Ms. Couperthwaite’s age. This could have amounted to harassment on age grounds.
Comments like this often appear in conversations between colleagues of different ages. Yet, this case highlights how seemingly innocent remarks can be misinterpreted. Harassment doesn’t require intent to offend, so both employees and employers must be cautious with workplace language.
Offering a chair
In another case, *Edreira v Severn Waste Services*, the tribunal found that offering Mr. Edreira a chair was not harassment related to his age.
Although the tribunal agreed that the offer was unwanted, it was not linked to his age, and the claim failed. Mr. Edreira gave other examples, alleging they were part of a scheme to force him out of his job because of his age.
Both of these claims were unsuccessful. However, it’s clear that educating employees on equality, diversity, and inclusion is more important than ever. Compensation for discrimination claims is unlimited, and a successful claim can damage a company’s reputation. Thus, preventing such situations from arising is crucial.
Advice for employers
To help employees avoid discrimination and its consequences, employers should take the following steps:
– Train employees on what constitutes discrimination and the risks of discriminatory behavior. Update this training regularly to reflect changing societal views.
– Implement policies that clearly define discriminatory behavior, and keep them up to date with legal changes.
– Take firm action against employees who violate these policies. A zero-tolerance approach will deter others and encourage staff to report inappropriate behavior.
This article by Lupton Fawcett employment solicitor Liam Kenealy first appeared in People Management on 3 September 2024.