In the case of Cassidy v the Daimler Foundation (2021), a teenager successfully won a direct age discrimination case. Cassidy was 14 years old (in December 2019) when she secured a waitressing job at the Daimler Foundation and was dismissed after working 2 Saturdays as she was considered ‘too young’ for the role.
Age discrimination
Aggrieved, Cassidy submitted an ET1 claim based on direct age discrimination; she was supported and represented by her mother.
At tribunal, Cassidy argued the manager, Mr Easy said that he was pleased with her work. She was given no negative feedback whilst working for the foundation. Easy response was because of her young age she could not cope with the job of serving customers and cleaning up, he had no alternative but to dismiss her. He blamed Cassidy’s age for being ‘too young’ for the role. Easy relied on his accountant for HR and H&S which was unfit for employment law purposes.
Equality Act 2010
Age is one of the 9 protected characteristics noted in the Equality Act 2010. The current rate of unfair dismissal is £89,493, however in a discrimination case such as age, the amount of compensation is uncapped which could go beyond £89,493. This case shows age discrimination has no boundaries. She was compensated just under £3000. It is important that employers understand how to handle young workers in the workplace. Using ‘age’ as an excuse to dismiss a person is unlawful.
Should there be any work concerns with the young worker, the employer must talk this through so that the matter can be resolved. As with any first job, employers must accept there will be teething issues and provide adequate training and coaching to enable the employee in fulfilling their duties and responsibilities to a satisfactory level. A ‘quick dismissal’ is not the solution. Having a clear paper trial detailing the discussions with the young worker is important too as this will form the basis of the evidence.
Should you wish to discuss the contents of this article in more detail with an advisor, please contact the Quest advice line to assist you on 01455 852 028.
