In person For the v Respondent — 2024

The claimant was employed by the respondent as a Senior Software Engineer from 9 October 2023 until his dismissal on 20 October 2023. He claimed that his dismissal was direct age discrimination, comparing himself with people in the age group 25 to 35, and ultimately relying on a hypothetical comparator.

The tribunal found that the comments alleged by the claimant about age and employing a younger, cheaper replacement were not made. It found evidence that Mr Stonehill believed the claimant was underperforming, including notes from 13 October 2023 and communications with Stephanie Curcio.

The tribunal accepted that performance concerns were not clearly communicated before dismissal and that no warning or improvement plan had been put in place, but noted those matters would be relevant to unfair dismissal, which was not the claim before it. It held that the claimant had not shown primary facts from which it could conclude that he was dismissed because of age, so the claim was dismissed.