Mr. Khalil Chikri and First v Support Service Leaders and Second Respondent: Investcorp International Limited. SITTING AT: London Central — 2024

The tribunal identified the issues as direct age discrimination under Equality Act 2010 section 13, concerning the claimant's dismissal by the First Respondent and whether the Second Respondent encouraged the dismissal. It proceeded on the basis that the First Respondent was alleged to have contravened section 39(2), and the Second Respondent section 111 concerning causing, inducing or instructing discrimination.

The tribunal found that Investcorp was heavily involved in the dismissal decision and instructed and induced the First Respondent to dismiss the claimant. However, it accepted evidence that the relevant decisions were based on business reasons, including reducing the number of butlers, performance observations, and the claimant's conduct at and after the probation review meeting, rather than age.

The tribunal concluded that age was not a motivating factor or effective cause in the dismissal or in the Second Respondent's encouragement of it. It found that the claimant had not presented sufficient evidence from which it could conclude there was a prima facie case of age discrimination, so the burden of proof did not shift, and all claims were dismissed.