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Case Study: Older employee told “better suited to traditional agency”

The recently reported case of Gomes v Henworth Limited and another. 

The Claimant had been employed since 2009 by an estate agent as an Administrative Assistant.  During a conversation about alleged shortcomings with her work (errors in a letter that was sent out).  The tribunal found that the second Respondent, Mr Graham Gold, had said that she would be “better suited to a traditional agency”.  That comment, along with suggestions that “this marriage is not working” and she should “sleep on it and decide what she wants to do”, led the Claimant to believe that she was being asked to leave the business and she resigned.

She claimed, and the employment tribunal accepted, that this comment would not have been said to a younger person and therefore it was discrimination on the basis of her age.

The tribunal accepted that the Claimant had been subjected to age discrimination, harassment and had been constructively dismissed.