An interior design graduate has faced discrimination at her workplace for being too young, and now she has won a £3,000($4,000) payout from her bosses.
Brooke Shanks, of Glenmavis, North Lanarkshire, was demoted by managers who tried to oust her from her first job.
Miss Shanks, completed her interior design course at Edinburgh University. She was hired to solely run a kitchen showroom, but bosses said they want someone mature and older for this job.
An employment tribunal claims Miss Shanks, now 22, faced age discrimination and awarded her for breach of contract and for hurting her feelings.
Miss Shanks, left ‘disappointed’ after receiving just a third of the payout from the company.
‘I just went home, told my friends and almost immediately started applying for other jobs. I was just insulted and shocked. It made me feel very demotivated.’
Miss Shanks’s mother Fiona Shanks, works in human resources and she told her daughter to take action against them.
The hearing in Glasgow was told she was hired as a kitchen design technician responsible for running Heat Source Solutions’s Clerwood Kitchens and Bathrooms showroom in West Lothian in February 2018.
But she was treated as she has less capability, because of her age. She didn’t get any feedback before bosses tried to demote her, tribunal judge Rory McPherson said.
He added: ‘In early December 2018, the claimant’s line manager advised that the respondents were recruiting a showroom supervisor to be based at the Clerwood showroom to operate a bridge between the claimant and the respondent that person would take on managerial roles in respect of the showroom.
‘The reason, given to the claimant for this change, was that the claimant was ‘only 21’ and the job ‘was too much responsibility’ for someone of the claimant’s age.
‘The claimant was upset by this statement, which the claimant regarded as being age discriminatory.
‘Having reflected on the statement and the delays in payment being made the claimant felt that she had no option than to look for alternate job opportunities.’
Julian Cox, head of employment at law in London, told MailOnline: ‘While many assume that age discrimination is an issue that primarily affects older people, the rules in this area are very clear in that it is any unfair treatment due to someone’s actual age, or the age they are thought to be, or even the age of someone they are associated with.
Age is one of nine protected characteristics under the Equality Act 2010 that are designed to prevent harassment or unfair treatment. Employers are only able to treat a person differently due to their age in a very limited number of circumstances and only if they can lawfully prove the reasons for doing so.
‘This case does not fundamentally change the law in the UK, but it does act as a very important reminder to employers and employees alike that age discrimination is not permitted whether a person is young or old. By highlighting this case it may lead to a higher number of young people taking action against their employers.’
‘In this instance, we imagine that the plaintiff, like many others, might have been unaware of the situation if not for the professional guidance of her mother.
‘We would encourage anyone who has been a victim of age discrimination at work to raise the issue with their employer, and if necessary, flag a grievance.
‘This is an example of where professional advice and consultation would help significantly to empower and protect employees in their place of work.’
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