Member D Calderwood Tribunal Member R Dearle Ms H Cassidy v Represented by: Mrs D Cassidy Mother The Daimler Foundation Ltd — 2021

Miss Hazel Cassidy, born on 10 November 2005, worked for The Daimler Foundation Ltd as a part-time waitress at its equestrian centre. The tribunal accepted her evidence and that of Ms Chelsey Alexander, and rejected Mr Malcolm Easy's evidence where it conflicted with theirs. It found that when her employment ended she was told, in substance, that she was too young for the role and that the accountant had said so for health and safety reasons.

On that basis, the tribunal held that age was at least a more than trivial factor in the decision to end her employment and that the burden shifted under section 136 Equality Act 2010. The respondent did not discharge that burden. The tribunal also rejected objective justification, because the respondent had not led evidence to support it. The direct discrimination claim under section 13 of the Equality Act 2010 therefore succeeded.

The harassment claim under section 26 failed. The tribunal accepted that a warning from Mr Stuart McEwen about the owner putting an arm round her shoulder had made the claimant uncomfortable, but held that this was at most minor upset and did not meet the statutory threshold. The sole remedy was injury to feelings; applying the lower Vento band as updated, the tribunal awarded £2,500 plus £300 interest, making a total award of £2,800.