Off-the-cuff ageist comment in review is harassment - 05/11/2008
In one of the first decisions of its type, a 62-year old employee has been awarded £750 for harassment on grounds of age, including an 'off-the-cuff' remark made by a manager in his written performance review. The award was halved, but only because the employee had failed to appeal after his grievance was dismissed before going to the employment tribunal.
The remark made was that "ambition is not a motivation for Joe (due to age)'. Other remarks about his age had also been made during the review meeting itself. The employee responded in the feedback section of his review, saying he was 'disappointed with this attitude of a manager in a position of trust'.
The law says it is unlawful to harass an employee, intentionally or unintentionally, by subjecting them to behaviour which violates their dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment.
It is also unlawful to victimise employees by treating them adversely because they have complained about their treatment on grounds of age, or helped someone else to do so.
The decision brings home the importance of training managers to recognise and avoid potentially discriminatory behaviour.
Recommendations
- Ensure policies and procedures make clear that discrimination and harassment in any form is not acceptable.
- Ensure that staff are properly trained in relation to euqlity and diversity issues, particularly, that managers are able to spot and deal with potentially discriminatory incidents that arise.
Related Resources
in the Legal Information Centre
- Case law: policy in staff handbook can be contractually binding
- Data protection decision clarifies when personal information is anonymised
- Contractors should review contract terms as High Court finds contractor operating through a limited company is an employee
- Tribunal rules on when recurring injury is a disability
