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Discriminating against younger employees

Wilkinson vs Springwell Engineering Limited

ET/2507420/07

Key facts

The 18 year old Wilkinson was employed as an office administrator. During her probationary period, her employer decided that she was not performing well and she was given two months to improve. During these two months another, older, office administrator was asked to assist her with her workload and at the end of the two months she was dismissed. Wilkinson alleged that she was told that her dismissal was because she was too young for the job.

Decision

The employment tribunal found that Springwell had failed to provide evidence that Wilkinson lacked the capability to do the job satisfactorily and had relied on ‘an assumption that capability equals experience and that experience equals age’. Wilkinson’s award amounted to £16,000 including six months compensation for lost employment, £5,000 for injury to feelings and a 50% increase in the award due to Springwell’s failure to follow statutory dismissal procedures.