Mr L Ramos v Layka Recruitment — 2023

Mr L Ramos brought an age discrimination complaint about an advert posted on 29 January 2021 for a Trainee Freight Operations Clerk, which offered a salary of £16,000-£20,000 and referred to 'young professionals', a 'college leaver' and a person at the 'entry stage' of a working career. He said the advert deterred him from applying and relied on both direct and indirect age discrimination under the Equality Act 2010.

The tribunal did not accept the claimant's evidence that he was interested in the role. It found that he had no intention of applying and that his real interest was in bringing proceedings because the advert appeared discriminatory. On that basis, it held that he had not been subjected to a detriment, had not been placed at any disadvantage, and had suffered no injury to feelings.

The tribunal also held that the respondent was a recruitment agency, not the employer for the role. It considered sections 13, 19 and 39 Equality Act 2010, but concluded that section 39 was directed to employers and did not apply on the facts of this case. The complaint was therefore not well founded and was dismissed.