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

172 Reviews

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 4 days ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 4 days ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 4 days ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 6 days ago

Anonymous

Timely professional advice!

Posted 6 days ago

Anonymous

Very good service

Posted 1 week ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 1 week ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 2 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago

Anonymous

Good and quick service

Posted 2 months ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 2 months ago

Anonymous

Excellent service - thankyou

Posted 2 months ago

Anonymous

Efficient, timely and friendly support and advice

Posted 2 months ago