A long serving employee working in an insurance company has won an Employment Tribunal claim for age discrimination after being told that he has been around ‘as long as Pontius Pilate’. The comments made in an email to him from the Managing Director of the company during settlement agreement negotiations was held to be humiliating and offensive.
The employee had a very strong record in his role but suffered from diabetes and anaemia and also took medication which made him drowsy. As a result he sometimes fell asleep in the office and the Managing Director would often mock him by asking whether he planned on having a nap. During COVID he was due to self-isolate due to being at higher risk and the Managing Director suggested that he might wish to take a vacation now as otherwise he might not be around in September or October, clearly implying that he might be dead by then.
Upon returning after lockdown he received a letter setting out a settlement agreement and in the subsequent email chain the comment about Pontius Pilate was made. The employee withdrew from the negotiations, resigned and brought his Tribunal claim.
The Tribunal found that the comments made were evidently discriminatory and that he had been constructively dismissed. A remedy hearing is to be set.
This is another in a long chain of recent cases where managers have got themselves into trouble by making comments of a discriminatory nature to their employees. One person’s jokey banter can all too easily result in offensive comments being made such as in this case with extremely costly consequences to the employer. It is also important to remember that the rules relating to protected conversations do not apply to all types of claims and therefore the content of those negotiations can in certain circumstances be introduced into Tribunal proceedings. It is vital for employers to take steps to train their managers as to where the line is drawn as to acceptable versus unacceptable behaviour.
If you have any queries relating to discrimination in the workplace or would like to arrange workplace training for your staff please contact our specialist Employment Solicitors on 0345 646 0406 or fill in our online enquiry form to discuss your options to discuss the issues involved.