Referring to an employee as a “grandmother” in a magazine review was less favourable treatment on grounds of age but the claim had been brought out of time.

Facts

Mrs Dopson worked as Sales Director for the respondent which was a publishing, media and events company. Mrs Dopson alleged that she had been treated less favourably on the grounds of her age when the Managing Director told another employee that she would be retiring soon and offered him some of her accounts and when it referred to her as a “grandmother” in a magazine review of a car she had test-driven.

Mrs Dopson alleged that the review article was "a dig" at her which had raised a laugh in the office and highlighted her age to everyone.

Decision

The Employment Tribunal held that the Managing Director had not had the alleged conversation with the other employee about the possibility of Mrs Dopson’s retirement, so she failed on this aspect of her claim on the facts.

The tribunal found that the reference to the car driven by Mrs Dopson as “comfy wheels for a grandmother” in the magazine review was less favourable treatment of the claimant because of her age. However, the tribunal had no jurisdiction to determine this part of her claim because it had been made outside the primary time limit and it was not just and equitable to extend time.

The claim was therefore dismissed.

The judgment is available here.

Mrs A Dopson v Stag Publications Limited, case number 3352829/2017, 6 July 2021

Comment