There was no evidence that a young female Polish worker was subject to direct age discrimination or age-related harassment.
Facts
Between 2008 and 2010, Ms Tumidajska was employed by Alliance Personnel Ltd as a Recruitment Consultant and was then redeployed as an Administrative Assistant In July 2013, she was reemployed and in 2016 became a dedicated Administrative Assistant to Mr Bradbury, a Recruitment Consultant. During this period Ms Tumidajska was aged 22-26.
Ms Tumidajska alleged that Mr Bradbury said (amongst other derogatory comments), in relation to her low salary, “aren’t you a bit too old to make that kind of money” and “aren’t you too old to make pennies”.
Ms Tumidajska submitted a grievance in relation to these comments (amongst other things).
The grievance was rejected. Ms Tumidajska resigned before the appeal hearing concluded, later bringing claims of race, sex, and age discrimination and harassment, as well as constructive unfair dismissal and unlawful deductions from wages.
Decision
The Employment Tribunal (ET) rejected Ms Tumidajska’s account that any comments about her age were made. Although it accepted that the comments about Ms Tumidajska’s earnings with reference to her age were never made, it held that, to the extent that these comments amounted to less favourable treatment it was not by reason of her age, but by reason of her lack of career progression. The ET found Ms Tumidajska to be a “deeply unsatisfactory witness” who was evasive and inconsistent. In contrast, Mr Bradbury was credible and compelling. Ms Tumidajska’s claims for direct age discrimination and harassment were therefore dismissed.
The ET also dismissed her other claims, including of sex and race discrimination and harassment, and constructive unfair dismissal.
The judgment is available here.
Ms H Tumidajska v Alliance Personnel Ltd and Mr C Bradbury: 1300762/2018