Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

redmans-blog-analysisIn the case of Jones v Care UK Clinical Services Ltd ET/3302973/2015 the Emloyment Tribunal held that an employer had not discriminated against an older, more qualified job applicant by selecting a younger, less qualified candidate for the role.

Mr Jones, who was 51 at the time, applied for the role post of marketing services executive at Care UK Clinical Services Ltd, a business providing health and social car services. The position of marketing services executive would report to the marketing services manager. Mr Jones attended an interview for the role but was rejected for the post after this interview.

After his rejection Mr Jones brought a claim for direct age discrimination in the Employment Tribunal, arguing that he had been rejected from the post he had applied for because of his age; as evidence for this claim he pointed to the fact that the candidate who had been hired for the post of marketing services executive was 29.

Care UK Clinical Services Ltd accepted that Mr Jones met the key criteria set out int eh person specification, as he had at least two years’ experience in a marketing role and held a degree (or similar qualification). However, the business denied discriminating against Mr Jones and argued that his failure to obtain the post was based upon three things:

  1. The fact that the successful candidate had scored higher in the interview than Mr Jones (a score of 14.5 against a score of 14)
  2. That Mr Jones had given two responses in the interview that supported its decision not to appoint him: 1) his skills with regards to engagement with stakeholders were beyond what was needed; and 2) Mr Jones’ expectations of the development of his role were not possible due to the constraints of the role

As a result, Care UK Clinical Services decided that Mr Jones was not the best candidate for the role and offered the position to the successful candidate.

The Employment Tribunal held that there had not been direct age discrimination against Mr Jones: it found that no evidence of age bias had been show (particularly given Mr Jones had progressed to the interview stage) and it also found that Care UK Clinical Services had expressed reservations at an early stage about overqualified applicants.

The Tribunal also found that the reason for not appointing Mr Jones to the role were that his “previous senior roles, high-level qualifications and extensive experience might unbalance the marketing team and undermine other team members whose qualifications and experience were of a much lesser order” and, further, that Mr Jones may have become frustrated with the role (due to the limited scope for career progression) and left the business. These reasons were, in the opinion of the Employment Tribunal, plausible and non-discriminatory.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “The Tribunal in this matter found that appointing a younger, less qualified candidate to a role was not age discrimination, as the employer had plausible and real concerns that the marketing team may become unbalanced if the wrong candidate was chosen for the role. However, employers should be careful not to choose one candidate over another simply because another is ‘overqualified’, and should make proportionate and nuanced decisions when deciding which applicant to hire.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 2 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 3 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 3 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 3 months ago

Anonymous

Easy to get hold of. Quick.

Posted 4 months ago

Owen J

Very helpful, efficient service.

Posted 4 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 4 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 4 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 4 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 4 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 4 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 4 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 4 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 4 months ago

Tim O

Experienced and competent advisors

Posted 4 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 4 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 5 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 5 months ago

Anonymous

Good service

Posted 5 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 5 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 5 months ago