58-Year-Old Age UK Job Applicant Wins £4k in Discrimination Claim

An Age UK job applicant has been awarded over £4,000 after the national charity was found to have committed age discrimination. Despite the candidate being eligible for an interview under the Disability Confident Scheme, Age UK mistakenly rejected his application and later tried to cover up their mistake. Delve into our article as we explore what happened, the tribunal’s ruling, and the laws surrounding age discrimination.

If you’ve faced similar misconduct and don’t know what to do, please don’t hesitate to contact us now. Redmans Solicitors are employment law specialists and, with our vast experience, can help you find the justice you seek.

To begin:

Age UK Job Applicant Battles Charity Over Discriminatory Job Application Blunder

With over four decades of graphic design experience, 58-year-old Mr Alexander Cubbin applied to Age UK to become a ‘Brand Asset Designer’. On his application, he informed the charity that he had obsessive-compulsive disorder (OCD), autism, and depression.

Since the charity was part of the ​​Disability Confident Scheme, the Age UK job applicant should’ve been guaranteed an interview. This was because the scheme entitled disabled candidates with the relevant job requirements to an interview.

Unfortunately, Mr Cubbin’s application was handled incorrectly, in what was described as a “technical error”. This meant it was discarded and didn’t initially end up with the hiring managers for review until Mr Cubbin complained.

Although a retrospective review occurred to assess whether Mr Cubbin would’ve been interviewed had his application been adequately handled, it was flawed. Rather than assessing the application on merit, the charity sought to legitimise its error. As a result, it adopted a biased, more critical stance than what would typically be expected.

The charity claimed that Mr Cubbin’s portfolio and software skills were limited. They also expressed concern about his team playing abilities and qualifications.

During proceedings, the Age UK job applicant described the charity’s review as “disrespectful” and “humiliating”, claiming it affected him emotionally. He explained how the charity was tasked with evaluating his CV but instead attacked his reputation with bigoted opinions and insensitive language.

Despite the charity claiming that the role had been filled by a 55-year-old, it was later discovered that a candidate in their thirties had been successful.

Tribunal Awards Damages for Charity’s Mishandling

Following the incident, the Age UK job applicant initiated employment tribunal proceedings, claiming age-related harassment. Once proceedings concluded, the tribunal found in Mr Alexander Cubbin’s favour.

The tribunal stated that, following the mishap, there wasn’t a need for review. They explained that Age UK “could simply have apologised for the mistake but conclude that following the appointment of the successful candidate, there was nothing further that it could do”. Instead, they found that charity had “embarked on a self-serving exercise of shutting the stable door after the horse had bolted”.

Ultimately, the tribunal considered that the charity knew it would’ve been awkward to determine the candidate met the minimum criteria, entitling him to an interview. As such, incorrectly concluding that the applicant didn’t meet the requirements provided a convenient solution to avoid such embarrassment.

While the tribunal didn’t believe the harassment was intentional, they ruled it had the effect of creating a hostile environment for him regardless. Due to the injury to feelings caused, the tribunal awarded the Age UK job applicant £4,000 plus £316.50 in interest.

Making an Age Discrimination Claim

A person’s age forms one of the protected characteristics under the Equality Act 2010. As a result, individuals mustn’t be treated less favourably because of their age. If they are, whether when applying for a job or during employment, they may be entitled to make an age discrimination claim to an employment tribunal.

However, it’s worth making an informal complaint before proceeding with legal action. This could resolve the matter swiftly and avoid the stresses and costs of court. A formal grievance could be raised should the issue remain unresolved or an informal approach be inappropriate. Once submitted, the employer must deal with the grievance correctly, adhering to its legal obligations.

Supposing that the outcome remains unsatisfactory after making a formal grievance, now is the time to consider employment tribunal proceedings. One would first need to undertake ACAS early conciliation, but a claim could be submitted once complete.

If you believe you’ve faced age discrimination like the Age UK job applicant, contact Redmans Solicitors now. We are employment law specialists, and following a quick chat, we could recommend your best course of action.

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