Sunday, 17 Nov 2024

Calling someone 'grandma' at work ruled discrimination even if they are one

It is ‘direct discrimination’ to call someone a grandparent at work, even if they are one, an employment tribunal has ruled.

Anne Dopson, 62, launched legal action after taking offence at being called a ‘grandmother’ in a car review for a Renault Kadjar.

The former sales director argued the review was ‘a dig’ at her age and had ‘raised a laugh in the office’, the tribunal was told.

Her colleague, Steve Moody, a publisher at Stag Publications, had written the review in an edition of Fleet World magazine in May 2017.

The grandmother-of-three, who earned £50,000-a-year in her role, later resigned and claimed age discrimination against her employers.

An employment judge has now ruled the review was ‘detrimental’ and ‘less favourable’ because it pointed out her age.

But Mrs Dopson’s claim ultimately failed as it was lodged too late and was deemed an ‘isolated’ incident.

The review, read to the hearing, stated: ‘So the Kadjar has gone back after a year of service on our fleet.

‘In that time myself, Luke Wikner, Nat Middleton, Alex Grant and Anne Dopson have all spent a fair amount of time behind the wheel, which basically means it has had three spells as family transport, one as a ride for the bachelor about town and the other as comfy wheels for a grandmother.

‘You can choose who applies to which category. But the point is this: it has performed very well in all roles, being stylish on the outside and functionally superb on the inside. Very impressed indeed, as we all were with the Kadjar.’

Mrs Dopson emailed her managing director Jerry Ramsdale, which was later filed as a grievance, to say being called a grandmother ‘doesn’t exactly sit well at the moment’.

She wrote: ‘I have no problem with being a grandma and I love and have been called Grandma since 1990 by marriage, and for the last seven years since Tom was born and delight in taking every opportunity to show his pictures to all and sundry, but I don’t agree with what could be perceived as a dig at my age.’

The formal grievance was investigated and rejected, which Mrs Dopson later appealed, the tribunal heard.

The hearing was told Mrs Dopson, who has now moved to Ireland, started a sickness absence in May 2017 and never returned.

Luke Wikner, the head of production at the company, then investigated her appeal which was again rejected, in what Mrs Dopson said was ‘flawed’ as she felt he was ‘not impartial’, the panel were told.

As a result, she resigned in October 2017 and filed a claim for unfair dismissal, wrongful dismissal and age discrimination to the employment tribunal.

Mrs Dopson’s age discrimination claim failed as the tribunal deemed it was an ‘isolated incident’ because it was published over three months before she made her claim, and outside the ‘primary time limit’.

Employment judge Oliver Hyams concluded: ‘Turning to the claim about the reference to Mrs Dopson having used the review vehicle as “comfy wheels for a grandmother”, we accepted that the article was detrimental treatment and that it was less favourable treatment of Mrs Dopson because of her age, i.e. direct discrimination.’

However, Judge Hyams added: ‘That article was not relied on as part of an accumulation of conduct which, taken together, amounted to a breach of the implied term of trust and confidence.

‘The only thing done by Stag Publications that was in any way wrongful was the way in which Mr Wikner dealt with Mrs Dopson’s grievance.’

Mrs Dopson’s claims of unfair dismissal, wrongful dismissal and age discrimination failed and were dismissed.

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