Represented himself For the v Respondent — 2021

Mr N Dawson was a retail assistant at the St Paul's store and was 62 when Evans Cycles Ltd decided on 16 March 2020 to send home employees it regarded as vulnerable, including workers aged 60 and over, those with chronic health conditions and pregnant workers. He was told on 17 March 2020 not to attend work, remained on full pay, worked some shifts before the position was formalised, and later returned to work on 19 May 2020 after pursuing a grievance.

On the direct age discrimination claim, the tribunal accepted that the treatment was because of age and that being prevented from working was a detriment to Mr Dawson. It found that he genuinely felt excluded and worried about his team role, future employability, and the effect on his mental health and sleep. However, the tribunal held that the respondent was pursuing the legitimate aim of protecting health and safety during the early Covid-19 period and that, in the circumstances then facing the business, a temporary rule sending home over-60s on full pay was proportionate. The tribunal also found the claim was out of time, but it allowed it to proceed on a just and equitable basis.

The harassment claim concerned three age-related acts: the 17 March 2020 communication that he could not return because he was over 60, the 31 March 2020 email saying he was high risk because he was over 60, and the 24 April 2020 refusal to let him work at the St Paul's store when reopening was being discussed. The tribunal accepted the conduct was unwanted and related to age, but found the respondent's purpose was health and safety and that the section 26 threshold was not met. It concluded the conduct did not have the effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment when viewed in context. The indirect age discrimination claim had been withdrawn and was dismissed as withdrawn.