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.
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
Obesity is estimated to affect around one in four UK adults. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.
The fact that an employee is on sick leave is a relevant consideration when determining whether a delay in resigning would prevent a claim for constructive dismissal.