In Osoba v Hertfordshire Police the Claimant brought a claim for age discrimination. Whilst conducting a staff reorganisation, the Respondent’s officer had created a points-based matrix to determine which employees would be dismissed. The Claimant contended that the officer deliberately manipulated the matrix to ensure that he would be dismissed, due to his age.
The Tribunal found that the Respondent’s handling of this matter was “at its best inconsistent, shambolic in places and lacking in competence”.
However, their officer’s actions (although poorly executed) were not discriminatory and the Tribunal accepted her explanations as an honest attempt to be fair. The Employment Appeal Tribunal upheld the Tribunal’s decision.
In Practice
Paul Burton, Employment Associate, says “Employers should be reassured by this decision. It shows that, as long as the intentions of the person(s)people responsible for selecting employees for redundancy are genuine and honest, with no intention to discriminate, it is unlikely they will be found liable for any discrimination. The tribunals do accept that mistakes can be made, provided they are honest ones. However, it is always best to do everything possible to get it right in the first place to avoid costly tribunal claims.”
At Frettens, all of our solicitors offer a free initial meeting to chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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