Frances Gibb, Legal Editor
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to The Sunday Times
A 19-year-old woman who claimed that she was sacked for being too young has been awarded more than £16,000 in compensation after winning a ground-breaking case against her former employer.
It is the first time since age discrimination regulations came into force in October 2006 that they have been properly tested in a case involving young workers.
Leanne Wilkinson, who was then 18, claimed that she suffered age discrimination when she was dismissed from her job as an administrative assistant at Springwell Engineering in Newcastle upon Tyne.
She claimed the company had told her that she was too young for the post and that they needed an older person with more experience.
An employment tribunal ruled in her favour, concluding that she had been discriminated against on the grounds of age.
The tribunal said that the company had relied on a “stereotypical assumption that capability equals experience and experience equals older age . . . age was the predominant reason for the decision to dismiss”.
Craig McCracken, an employment lawyer at Nexus solicitors, of Manchester, who acted for Miss Wilkinson, said that it was an important decision with far-reaching consequences.
“There is often an assumption that age discrimination laws are only there to protect older workers but this case is a reminder that everyone is entitled to be treated fairly, whether they’re close to retirement or just starting out in work.”
Miss Wilkinson was awarded £16,081.12, of which £5,000 was for injury to feelings.
The company was also ordered to provide any prospective employers with a truthful reference, clearly stating that dismissal was carried out in breach of the regulations on the grounds of her age and not on the basis of ability.
Mr McCracken said that the case was an important precedent for anyone considering a similar claim, unlike a previous one heard last October.
In that case, Megan Thomas, then 20, was awarded £1,000 after claiming she had been sacked for being too young.
She told the Central London Employment Tribunal that she had been dismissed from her job as a membership secretary at a London club after being told that she was too young to deal with its members.
The tribunal found that she was unfairly dismissed and had been discriminated against on grounds of age. But her employers said that it had not been possible for them to present their case at the original hearing and so the issues had not been properly debated.
Ms Thomas is since reported to have withdrawn her claim, although the club has let her keep the money she was awarded by the tribunal. A helicopter pilot who was told that he could not fly solo commercially after turning 60, lodged a test claim yesterday that could affect hundreds of pilots. Ian Evans, of Tedlington, Suffolk, argued that the Civil Aviation Authority was in breach of age discrimination laws and said he was fit enough to continue with his job.
The CAA is contesting the charge and will call expert witnesses over the ten days set aside for the employment tribunal hearing in Central London.
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Roger, Surrey - You've missed the point entirely ! It's about ability and merit, not experience. I bet you know someone who's been doing their job badly for years. The old adage is correct ... if you're good enough, you're old enough.
Interested Citizen, Edinburgh,
It's high time that people understand that under NuLAbour experience is nothing. In fact it frightens them. They will not be happy until everybody knows the same as them ..NOTHING.
Roger, Surrey,