Want to talk to an expert employment law solicitor?

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

MoJA sales representative nicknamed “Gramps” by a younger colleague has won a claim for age discrimination in the Employment Tribunal.

Mr Alan Dove, 61, won £63,391 after an Employment Tribunal found that he had been unfairly dismissed by his former employer and that he had been subjected to direct age discrimination after he had been described as “long in the tooth” by clients and nicknamed “gramps” by a younger colleague.

Mr Dove commenced employment as a salesperson for Brown & Newirth Limited (a jewellry manufacturer) in 1990. There were no issues with his performance until 2010. when there was a team restructure. The reorganisation included the appointment of a new head of sales and director of sales, both of whom were considerably younger than Mr Dove. After the restructure the head of sales started to refer to Mr Dove as “Gramps” and continued to do so for a number of years, in which time period Mr Dove did not complain.

In late 2013 Mr Dove was invited to a meeting to discuss concerns relating to his performance and relationships with a number of clients, and a number of other meetings were held in 2014. However, Mr Dove was not made aware of any specific concerns raised by clients regarding his performance.

In early 2015 Mr Dove was informed at a meeting that five of his clients were transferring to the head of sales and it was suggested to Mr Dove that this transfer was taking place as the clients no longer wished to work with Mr Dove. There was nothing in writing from these clients regarding any concerns that they had but the head of sales and sales director later gave evidence that these clients had described Mr Dove as “old fashioned” and “long in the tooth”, and stated that they found his “traditional” approach was not commensurate with their business needs. Mr Dove was also told at this meeting that the actions of the business were “not personal” and that there was a risk that his employment may be terminated if alternative work could not be found for her. Mr Dove’s employment was in fact terminated on 1 April 2015 and his appeal against his dismissal was unsuccessful.

After his dismissal Mr Dove brought claims in the Employment Tribunal for direct age discrimination and unfair dismissal.

The Employment Tribunal found that the transferring of Mr Dove’s workload to a person substantially younger than him and his subsequent dismissal did, in the absence of an alternative explanation, constitute less favourable treatment because of his age. The Tribunal did accept that the views that Mr Dove was “long in the tooth” and “old fashioned” were the views of customers and not of the employer but, however, the Tribunal held that the views of the customers should have been challenged more vigorously by the employer; instead, it appeared that the employer had simply accepted those views.

The Employment Tribunal held that Mr Dove had been subjected to direct age discrimination and unfair dismissal, and awarded Mr Dove £63,391 as compensation for loss of earnings and injury to feelings.

Chris Hadrill, a specialist solicitor at Redmans, commented on the case: “Businesses should be careful to avoid a perception that they are discriminating against employees on any grounds as, should the Tribunal find the employer liable for those claims, this could lead to a potentially significant award of compensation being made against the business.”

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

4.68 Average

69 Reviews

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 1 day ago

Nicola W

Fantastic service, very quick and efficient. Thank you

Posted 1 day ago

Anonymous

Excellent professional service.

Posted 1 day ago

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 1 week ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 2 weeks ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 1 month ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 1 month ago

Anonymous

Good advice

Posted 1 month ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 1 month ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 1 month ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 1 month ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago