HOWZAT

“I’m sure this won’t stop people sending cards to colleagues outside of work.”

Alan & Thomas is not the only employer worried about being sued. South Gloucestershire Council recently warned its staff that suggesting someone might be “over the hill” in a birthday card could fall foul of the age discrimination laws.

Neil Gouldson, an expert in employment law at the legal firm Rowe Cohen, in Manchester, said that employers needed to take a hard line against ageism.

“Gags in birthday cards about being ‘over the hill’ and ‘coffin dodgers’ and Dad’s Army jokes and so on will need to be curbed. Employers must tackle prejudices within the workplace if they are to avoid substantial claims,” he said.

Arpita Dutt, from the solicitors Russell Jones & Walker in London, said that one comment in a card was not enough to bring a claim of age discrimination. “It would be very rare for an employee to bring a claim on the basis they have been offended by a comment in a birthday card.

“If an employee does get offended then the matter can probably be resolved quite quickly because it would be disproportionate for them to bring a claim on that alone.”

But if they felt that the card was “symptomatic of an ageist culture within the workplace . . . then they can use it as background evidence”.

Ms Dutt said: “It may be that Alan & Thomas are being a bit too cautious over this or it is just part of an overall policy where no comments about age are acceptable.”

Gill King, of King Associates, an employment law specialist, said that Alan & Thomas had taken the new legislation too literally.

She said: “People who write some of these laws are do- gooders who don’t really understand the true implications of them in the workplace.

“You send a birthday card to make someone feel better, not worse. Most people know and realise that jokey remarks in birthday cards aren’t meant to be harmful or malicious.

“Most people sending a card know the person who it is for and know if they would appreciate a jokey remark.

“I don’t believe you are going to get one employee taking their company to a tribunal on the back of one comment in one card. This is showing a lack of trust in the workplace and is not helping working relationships.”

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