Age Discrimination Case Victory
02 February 2010
Age discrimination case victory for 42 year-old bankerThe Canadian Imperial Bank of Commerce (CIBC) is facing a potentially large payout after the London South Employment Tribunal upheld Achim Beck’s claim for age discrimination.
Beck, 42, was the bank’s head of marketing in London and was made redundant in 2008. Beck argued that his redundancy was a sham and that he had been sacked to make way for someone younger.
Criteria for a new marketing executive, set out in an internal memo, stated that the new Head should fit a “younger, entrepreneurial profile”. The HR Department had already warned the bank that the word ‘younger’ was inappropriate but the wording was not alerted and was included in the brief sent to a recruitment consultant. The Bank argued that the word ‘younger’ referred not to age but to seniority.
Beck, who earned around £900,000 a year, was later replaced by a 38-year old.
The tribunal held that the word “younger” was inappropriate and Beck’s redundancy amounted to age discrimination. The burden was on the bank to explain the use of the word “younger” in the recruitment brief, and the tribunal did not accept the argument that it simply meant ‘less experienced’.
Compensation for age discrimination is unlimited at tribunal and the award will be decided at a later hearing.
Summary
Employers should be aware that the process of recruiting staff can give rise to significant bear traps. Even seemingly harmless criteria, if left undefined and open to interpretation in a potentially unfavourable light against an employer, can result in potential claims against a Company by both former and prospective employees.
To avoid the potential pitfalls and the risk of your Company being involved in expensive Tribunals claims we would recommend that you take legal advice before you act.
For further information on avoiding the bear traps of the recruitment process contact Lindsey Kidd on 01244 31 81 31 or via email at ljk@law.uk.com.
