Ageism Backfires: £3.2 million Payout for Employee Branded ‘Old Fossil’

The Facts

A 58 year-old Engineering Manager, with a salary of £300,000 per year, was successful in the Employment Tribunal on a case of Age Discrimination, with his employer Vesuvius being ordered to pay a shocking £3.2 million award.

In this case, heard in the London Central Employment Tribunal, the Claimant (Glenn Cowie) had been subjected to a 45-minute lecture by his employer, detailing how he was an ‘old fossil’ and that he ‘did not know how to deal with millennials’.

The Claimant went on to be dismissed from the company and being replaced by a younger employee, after the company put in force an under-45 policy for new hires.

Within the Judgement, the Employment Tribunal found that a focus on an age that is so far from the typical retirement age was unusual and could suggest a mindset where assumptions are made about people’s skills and abilities due to their age.

This has been one of the largest awards in an Employment Tribunal case in recent times, however, it is important to note that this is the exception, rather than the rule, and a significant portion of the award was due to the Claimant’s significantly high annual salary.

When can I bring a claim for Age Discrimination?

To bring a claim of age related discrimination, you will need to demonstrate that you are or were an employee or a worker, or were applying for a job as an employee or worker.  There is no qualifying period of employment required to bring a claim for age related discrimination.

Age discrimination can take various forms, such as:

• refusing employment on the basis of your age

• being denied promotion due to your age

• not conducting a fair and reasonable process when considering possible redundancy because of your age

• being dismissed on the basis of your age

• being subjected to unequal treatment or a detriment because of your age

How We Can Help

Here at Lawson West, we have a dedicated Employment Law team who is well-versed and experienced in Age Discrimination matters. Therefore, if you believe that you have been discriminated against due to your age, do not hesitate to contact Lawson West Solicitors. Please contact us on telephone 0116 212 1000 or alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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