Graduate wins £3,000 payout from bosses over age discrimination

Brooke Shanks, now 22, was demoted at work by managers who tried to oust her from her first job because she was ‘only 21’

An interior design graduate has won a £3,000 payout from bosses after they were found to have discriminated against her for being too young.

Brooke Shanks, of Glenmavis, North Lanarkshire, was demoted at work by managers who tried to oust her from her first job because she was ‘only 21’.

Miss Shanks, who trained in interior design at Edinburgh University, was hired to solely run a kitchen showroom but was devastated when bosses said they were searching for someone older.

One manager claimed the job ‘was too much responsibility’ for someone her age and said they wanted a supervisor to take over the reins.

An employment tribunal has now ruled Miss Shanks, now 22, was the victim of age discrimination and awarded her £2,002.50 for breach of contract and £1,000 for injury to feelings.

Claims for age discrimination are usually brought by workers aged over 50 but are far less common for those under 25.

Miss Shanks has now revealed she was left ‘disappointed’ after receiving just a third of the payout from the company before it went into liquidation.

The ‘draining’ experience forced her to change careers and she is now studying for a masters in event management at the University of the West of Scotland.

Miss Shanks, who trained in interior design at university, was hired to solely run a kitchen showroom but was devastated when bosses said they were searching for someone older

She said: ‘I did not feel great. I was there by myself all the time, there was not anyone else to manage. I thought I had been doing a good job.

‘I just went home, told my friends and almost immediately started applying for other jobs. I was just insulted and shocked. It made me feel very demotivated.’

Miss Shanks was awarded her £2,002.50 for breach of contract and £1,000 for injury to feelings, at an employment tribunal hearing

Miss Shanks was represented at the tribunal by her mother Fiona Shanks – who works in human resources – after she urged her daughter to take action against bosses.

The hearing in Glasgow was told she was appointed as a kitchen design technician responsible for running Heat Source Solutions’s Clerwood Kitchens and Bathrooms showroom in West Lothian in February 2018.

But she was treated ‘less favourably’ because of her age and was never offered any feedback before bosses tried to demote her, tribunal judge Rory McPherson said.

He added: ‘In early December 2018, the claimant’s line manager advised that the respondents were recruiting a showroom supervisor to be based at the Clerwood showroom to operate a bridge between the claimant and the respondent that person would take on managerial roles in respect of the showroom.

‘The reason, given to the claimant for this change, was that the claimant was ‘only 21’ and the job ‘was too much responsibility’ for someone of the claimant’s age.

Miss Shanks was told bosses wanted someone more senior to run the standalone showroom on this business park in West Lothian

‘The claimant was upset by this statement, which the claimant regarded as being age discriminatory.

‘Having reflected on the statement and the delays in payment being made the claimant felt that she had no option than to look for alternate job opportunities.’

What is the UK law on age discrimination?

The Equality Act 2010 states that nobody can be discriminated against at work because of their age.

This can apply in recruitment, including on the job application form, advertising it, interviewing, using social media and offering it.

Employers are instead advised to ask applicants to demonstrate the knowledge and aptitudes required.

Companies are also not allowed to be biased about age when considering who should be trained or promoted.

They must also avoid a belief that there is more value in training younger staff, or discourage an older employee with the necessary skills to apply for a more challenging job.

Managers are also advised against raising a discussion about retirement within an appraisal, but can instead ask about the employee’s work plans in the short, medium and long term.

Companies are also warned over the risks of using ageist language, such as describing an older colleague as ‘over the hill’ or a young colleague as a ‘snowflake’.

The tribunal heard Miss Shanks was not given a written contract, was not enrolled into a pension scheme and was not given any wage slips during her year-long stint with the company.

Bosses also failed on five occasions to pay her wages on time and did not offer three days of holiday pay to which she was entitled.

Miss Shanks resigned two months after bosses said she would be replaced after securing a new job.

Speaking about the case to MailOnline, Julian Cox, head of employment at iLaw in London, said: ‘While many assume that age discrimination is an issue that primarily affects older people, the rules in this area are very clear in that it is any unfair treatment due to someone’s actual age, or the age they are thought to be, or even the age of someone they are associated with.

‘Age is one of nine protected characteristics under the Equality Act 2010 that are designed to prevent harassment or unfair treatment. Employers are only able to treat a person differently due to their age in a very limited number of circumstances and only if they can lawfully prove the reasons for doing so.

‘This case does not fundamentally change the law in the UK, but it does act as a very important reminder to employers and employees alike that age discrimination is not permitted whether a person is young or old. By highlighting this case it may lead to a higher number of young people taking action against their employers.’

He added that age discrimination did not only apply to existing employees, but is something that should be considered at all stages including during the recruitment process. Mr Cox said that in many cases employers are unintentionally caught out due to outdated policies or practices.