Winckworth Sherwood

UK 200 2014 position: 81

Age discrimination and constructive dismissal — Clements v Lloyds Bank

C, in his fifties, was employed by the bank as head of business continuity. During a discussion with C’s manager regarding performance concerns in January 2012, C claimed his manager said to C: ‘You’re not 25 anymore’ a couple of times. His manager denied saying this. C resigned in July 2012 claiming constructive dismissal and age discrimination.

The Employment Tribunal (ET) agreed that there had been a cumulative repudiatory breach of the implied duty of trust and confidence on the part of the bank, in seeking to move C to another role without adopting any proper process, entitling C to resign. The ET also agreed that the manager had made the above-mentioned statement, agreed that the statement was an act of age discrimination, but stated it did not form part of the reason to move C to another role (the repudiatory breach relied on for the constructive dismissal). 

C appealed against the ET’s finding in relation to the age discrimination point…

Click on the link below to read the rest of the Winckworth Sherwood briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.


Minerva House
5 Montague Close

Turnover (£m): 30.48
No. of lawyers: 117