Mrs M Crompton v Eden Private Staff Ltd — 2020

Mrs Crompton, who was around 57, worked for Eden Private Staff Ltd from 1 March 2018 until her dismissal with notice expiring on 21 June 2019. She moved from Administrator to Search Consultant on 7 January 2019. The tribunal found that she knew the new role would involve a probationary period and that there would be no return to her former role if the move did not work out. It accepted that probation was normal in the business and concluded that the requirement to undergo probation was not related to age.

The tribunal heard competing evidence about comments said to reference Alzheimer's disease or a 'senior moment'. It found that the remarks were not made as frequently as Mrs Crompton alleged, but that they were made on more than one occasion. It held that those remarks were age-related, unwanted, and had the effect of violating her dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment. The tribunal did not accept that Ms Burridge's purpose was to cause that effect, but it found the effect was present on the evidence.

On direct discrimination, the tribunal held that the Alzheimer's remarks were less favourable treatment because of age and would not have been made to a materially younger Search Consultant. It rejected direct discrimination in relation to the probation period and the dismissal. On dismissal, the tribunal accepted that performance concerns existed and found that a materially younger person in the same probationary position would also have been dismissed; age was not a factor.

The claims were presented out of time on the ordinary three-month basis, but the tribunal extended time as just and equitable. It took account of the short delay, the grievance process, Mrs Crompton's sickness absence, and the absence of any identified prejudice to the respondent. Remedy was limited to injury to feelings, which the tribunal assessed at the lower end at £900, plus interest of £100.41 calculated from 3 June 2019 to 26 October 2020, producing a total award of £1,000.41.