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Age Discrimination

Employment Law & HR
BG Purple

Note: this article was first written by our colleagues at Solve HR, before Solve HR joined Law At Work in March 2020. We have imported this...

In the case of Dove v Brown & Newirth Mr. Dove was awarded £63,391 for age discrimination. He had been a salesperson with the jewellery manufacturer, Brown & Newirth since 1990 during which time there were no issues with his work until a restructure in 2010 that resulted in younger team members being introduced and a younger Sales Director. This is when the situation started to deteriorate as the Sale Director nicknamed Mr. Dove 'Gramps'. Mr. Dove continued to work within the sales team and did not complain about the 'Gramps' nickname. In 2015 he was informed that his traditional approach to sales was out of touch with their business needs and customers found him to be old fashioned or long in the tooth. The Company informed him that as a result of this his customers were being transferred to other sale persons and that as no alternative work could be found for him he was dismissed. Mr. Dove lodged a case for unfair dismissal on the grounds of Age Discrimination which the tribunal upheld. The tribunal found that he had been treated less favourably because of his age. The vocabulary used to describe customer views related to age. The employer then acted on these discriminatory and stereotypical attitudes. Having his customers transferred to a younger salesperson also reinforced this less favourable treatment. The employer had failed to have a proper performance process and had not investigated or challenged customer views.

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