Veale Wasbrough Vizards

UK 200 2013 position: 98

Ageist comments not a material cause of constructive dismissal

By Michael Halsey

In Clements v Lloyds Banking plc and others UKEAT/0474/13, the Employment Appeal Tribunal (EAT) found that while age discriminatory comments had been made to a former employee, these comments had not formed a material part of the employee’s constructive dismissal.

The claimant resigned from his employment on 12 July 2012.

He gave three months’ notice and claimed that he had been constructively dismissed. He claimed that his employer had breached the implied term of trust and confidence by making ageist remarks against him (he was told by his manager that he ‘was not 25 anymore’), by seeking to remove him from his role, by replacing him with a younger employee and by lying to him in relation to the contents of conversations…

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