Facts

Ms Shanks began her employment with Heat Source Solutions Ltd in February 2018. She was employed as a Design Technician at the Clerwood Showroom. Ms Shanks had been given sole responsibility for the running of the showroom; this included “all aspects of managerial responsibility and customer sales”. She operated the showroom for over 9 months without any feedback (positive or negative).

Throughout her employment, Heat Source Solutions Ltd failed to offer either a pension scheme or pension contributions. She was not offered any wage slips during her employment and was also denied holiday pay for 3 untaken accrued holidays.  

In early December a showroom supervisor was recruited to act as a bridge between Ms Shanks and Heat Source Solutions Ltd. The reason given for this change was that Ms Shanks was “only 21” and the role was “too much responsibility” for someone of Ms Shanks’ age. 

Dissatisfied with the reason given, Ms Shanks resigned in February 2019.    

Decision

The Tribunal found that there was direct age discrimination. By telling Ms Shanks without any previous feedback that she was to be effectively demoted due to only being 21 and that the role included too much responsibility it was clear that Heat Source Solutions Ltd had treated her less favourably because of her age. The Tribunal recognised no legitimate aim for this less favourable treatment and this was therefore a clear case of direct age discrimination. The Tribunal ordered Heat Source Solutions to pay £1,000 in injury to feelings.

The Tribunal also ordered Heat Source Solutions to pay over £2,000 for a mixture of unlawful deductions to wages, failure to contribute to pensions, and failure to offer adequate holiday pay.     

The judgment is available here.

Miss Brooke Shanks v Heat Source Solutions Ltd: 4103660/2019