Member A Shanahan Tribunal Member J McCullagh Mx Conor (Brook) Marshall v University of Dundee — 2023

The claimant brought a single direct age discrimination claim arising from their unsuccessful application for the post of Student Support and Experience Manager at the University of Dundee. The Tribunal found that the respondent had advertised the role in 2022, shortlisted five candidates from around 20 applications, and interviewed four candidates on 27 July 2023. The claimant performed well at interview, but the panel preferred the successful candidate, identified as M, because his answers more closely matched the person specification and his experience better suited the needs of the team.

A central issue was whether Mr Nicholson asked the claimant, "You're young for a manager, tell us how you would get your staff to respect you." The Tribunal rejected that evidence and found that the question was not asked. It found instead that the claimant had themselves raised age in answer to the opening interview question, saying they worked for an under-25 charity and that they felt they were too old for their current job. The panel then asked whether they would be comfortable managing staff of a wide and diverse range of ages, which the Tribunal found was a legitimate follow-up to clarify that answer.

Applying the reverse burden of proof under section 136 Equality Act 2010 and referring to Barton v Investec Henderson Crossthwaite Securities Ltd and Igen Ltd v Wong, the Tribunal held that the claimant had not established facts from which an inference of discrimination could be drawn. It accepted the evidence of the respondent's witnesses, found that the reasons for the decision had nothing to do with age, and concluded that the successful candidate was appointed because he performed better at interview. The claim was therefore dismissed.