The Employment Tribunal has awarded £3.1 million compensation, in one of the largest tribunal awards in recent times.

The case of Mr Cowie v Vesuvius plc and others was originally published in 2022 and the claimant was found to have been unfairly dismissed, suffered victimisation as a result of raising a grievance and appeal and suffered age discrimination.

The facts

The claimant had worked for his employer for over 40 years. He was a senior executive with an annual salary of circa £315,000 (although his overall package was significantly higher) before being dismissed and replaced by a younger person following a new policy encouraging managers not to hire people over the age of 45. In addition, he was subjected to a 45 minute lecture during which he was called an ‘old fossil’ and told he did not know how to deal with millennials.

The law

Age is one of nine features known as protected characteristics. Employees are protected against discrimination because of their age. This protection starts from when a job is advertised, throughout employment and beyond, for example when providing references.

In limited cases, the law does allow different treatment because of age where it can be objectively justified - this can be a hard test to satisfy. You should think carefully and contact the Employment Service Helpline on 0370 840 0234 for advice before acting.