Age discrimination at work can take many forms — including comments that may seem like harmless banter. A recent Employment Tribunal decision has confirmed that referring to an older colleague as a “grandmother”, even in a joking manner, may amount to unlawful harassment under UK employment law.
The case serves as a reminder to employers that workplace “banter” can cross the legal line where it relates to a protected characteristic such as age.
Age Discrimination at Work: Tribunal Findings
The tribunal heard that an employee in her sixties was subjected to comments including references to being “like a grandmother” and remarks linking her age to her behaviour. The judge found this amounted to unwanted conduct related to age and it was reasonable for the employee to feel humiliated.
In addition to age discrimination and harassment, the tribunal upheld claims for:
- Victimisation
- Constructive unfair dismissal
- Unauthorised deduction from wages
The employee will receive compensation for the successful claims.
Age Discrimination at Work: What UK Law Says
Under the Equality Act 2010, age is a protected characteristic and employers have a legal duty to prevent age discrimination at work. It can take several forms, including:
Harassment Related to Age
Unwanted conduct related to age that violates dignity or creates an offensive, hostile or degrading environment.
Direct Discrimination
Less favourable treatment because of age.
Victimisation
Unfair treatment for raising or supporting a discrimination complaint.
Importantly, comments do not need to be intended as offensive to be unlawful. Tribunals focus on the effect of the conduct on the employee.
When “Banter” Becomes Age Discrimination at Work
Employers should be aware that informal language and jokes can expose a business to liability where they relate to a protected characteristic. Tribunals will consider:
- The nature of the comments
- The workplace context
- The impact on the employee
- Whether the employer took reasonable steps to prevent discrimination
Failing to address inappropriate remarks promptly can increase legal risk and compensation awards.
Constructive Unfair Dismissal
Where an employee resigns due to age discrimination at work or a failure by the employer to act, they may bring a claim for constructive unfair dismissal. Age-related harassment can contribute to a breach of trust and confidence between employer and employee.
Key Takeaways for Employers
- Provide equality and diversity training
- Challenge age-related remarks immediately
- Ensure a respectful workplace culture
- Investigate complaints promptly
- Review pay and sickness practices carefully
Proactive steps can significantly reduce the risk of tribunal claims and reputational damage.
Advice for Employees Facing Age Discrimination at Work
Employees have the right to work free from age discrimination at work. If you are experiencing age-related comments or unfair treatment, legal advice should be sought promptly. Employment tribunal claims must usually be brought within three months less one day of the act complained of.
How Our Employment Law Solicitors Can Help
Our employment team advises both employers and employees on age discrimination at work, including:
- Harassment and discrimination claims
- Workplace grievances
- Constructive dismissal
- Settlement agreements
- Employment tribunal representation
Based in the heart of Wembley Park, we act for clients across London and nationwide. Contact our employment law team today for a confidential discussion.