Defending Age Discrimination Tribunal Claims

Realistic advice and robust representation from an experienced employment law solicitor

“Carl helped us swiftly navigate through potentially choppy waters. I commend his services most highly.”

David Sanderson
CEO,The Rank Foundation

Are you facing an employment tribunal age discrimination claim?

Perhaps an employee has raised a grievance. They say they’ve been the butt of ageist jokes and complain they weren’t invited on a work night out. You’re concerned an employment tribunal claim might be just around the corner.

Perhaps ACAS has recently been in touch. An unsuccessful job applicant alleges she wasn’t offered an interview because of her youthful looks. She argues the language used in your job advertisement shows you were seeking an older candidate.

Or perhaps you’ve already received an employment tribunal claim form. An ex-employee is claiming age discrimination and unfair constructive dismissal. His lawyers are seeking substantial compensation for loss of earnings and injury to feelings.

Whatever your circumstances, you’re here because you realise what’s at stake for your company – and what’s potentially at stake for you personally.

You’re here because you need expert advice from an experienced employment law solicitor.

“Carl has an exceptionally good understanding of the law but his experience goes much further than that. He is a commercially focused lawyer that has shown his ability time and time again.”

Sarah Merwood
Head of HR, Nestlé

Avoiding damage to your reputation

Allegations of age discrimination, harassment and victimisation can be highly damaging to your business – and your reputation. 

No employer wants a judgment from an employment tribunal publishing a finding – or a series of findings – that they have prejudicially treated an employee or job applicant.

No employer wants to be castigated in the press or on social media for discriminatory attitudes or behaviour.

No employer wants the stigma of being labelled an ageist organisation.

Strengthen your defence

But the truth is any company can find itself defending an age discrimination tribunal claim – no matter what your policies on bullying and harassment or equality, diversity and inclusion say. 

And no matter how much time you have dedicated to training your staff on anti-ageism, equal opportunities or unconscious bias.

That can be very upsetting. It can be emotionally draining. 

It can be difficult to focus. To approach matters calmly and rationally, as you would your normal day-to-day business activities. To avoid letting the ongoing litigation dominate your thoughts – sapping you of energy and robbing you of sleep.

But focus you must. 

Because without a well-prepared defence you are at risk of an age discrimination complaint becoming an age discrimination judgment. At risk of an order to pay thousands of pounds in compensation. At risk of having to pay the claimant’s legal costs.

You need a steady hand on the tiller. Someone who can help you see the wood from the trees. Who can fight your corner but will always give you pragmatic, commercially focused advice.

That’s where I come in.

“Carl’s particular knowledge of Employment Tribunal matters and the process by which their findings and thought processes are often arrived at were invaluable.”

Stuart Price
Chief People Officer, Zenith Vehicles

Specialist at handling age discrimination complaints

For nearly 30 years, I’ve been advising employers and helping companies successfully defend complaints of age discrimination, harassment and victimisation. 

I can help you present your case in the best possible way, minimising the risk of reputational damage and the potential for you to be ordered to pay compensation.

Here are some of the things I will bring to your age discrimination defence:

“I greatly appreciate the timely and helpful advice, delivered with an experienced, personal touch and with no confusion as to fees or cost.”

David Sanderson
CEO, The Rank Foundation

Age is not a number

Of all the protected characteristics under the Equality Act 2010, age is perhaps the hardest to pin down. 

Mention age discrimination and most people immediately think of older employees being unfairly treated. But claims of age discrimination and harassment are much broader than that. 

Not only can they involve the unfair treatment of younger employees, but they can involve claims where the age gap between a claimant and their chosen comparator is very small.

That’s because age discrimination claims are about particular age groups. An age group can mean people of the same age, but it can also mean people of a particular age range.

The problem for employers is that individuals can simultaneously be members of many different age groups, depending on how those are drawn. 

Consider a 23-year-old employee. He or she could belong to the following age groups:

You can probably come up with many more potential age groups, yourself. But the point is this: if you can, so can a claimant. 

And if you haven’t given careful thought to whether some of your employees might be at a particular disadvantage by being in a particular age group, you’re going to have to consider that carefully now. Before a tribunal decides for you.

“He is very good at getting to the heart of an issue and working to get the case to a resolution.”

Sarah Merwood
Head of HR, Nestlé

Looking for some expert help with your age discrimination defence?

For a free, no-obligation discussion of your case: