Winckworth Sherwood

UK 200 2013 position: 94

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…

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