After being fired from her Saturday job because she was too young, a British teenager became the youngest person to win an age discrimination case.
The girl, who was just 14 years old, worked two shifts in Ayrshire’s cafe.
While most age discrimination cases involve employees being “too old”, the teenager claimed that she was told that she was being dismissed for safety and health reasons.
She described how she felt shocked, upset, and distressed at the sacking to a Glasgow employment tribunal.
The panel ruled she was the victim of ‘direct discrimination’ and ordered the firm involved to pay her £2,800 in damages.
According to the Daily Record, the parents of the girl expressed their disappointment that the case had to be heard by a tribunal.
The girl was working at an equestrian centre owned by the Daimler Foundation near Kilmarnock, Ayrshire, which has a café and restaurant (pictured)
In December 2019, the girl had completed a trial shift at an equestrian centre owned by the Daimler Foundation near Kilmarnock, which has a café and restaurant.
The panel was informed that she had provided her age when she applied for the position and filled out forms that included her date of birth.
Malcolm Easy, the front of-house manager, told the teenager that he was pleased with her work and that she had waited at tables and worked at the till.
The girl worked for four hours the next Saturday under the impression that she had passed her trial shift.
In 2019, Brooke Shanks won a £3,000 payout after she was demoted from running a kitchen showroom because she was ‘only 21’
However, as she was filling an order at the till, another boss advised her that she shouldn’t do so and she was given two plates to take to a table.
She was then sent home early because the café was quiet, the panel heard.
Later, Mr Easy called her to say that he enjoyed working alongside her. However, the accountant told her that she was too young to be a ‘health and safety reason’.
According to the company, she was fired because her ‘role was too demanding.
However, the panel ruled that there was no evidence of ‘high demand’ – as the teenager had been sent home when the café was ‘quiet’.
Sandy Kemp, Employment Judge, chaired the board.
“Initially, he had said that the he had sat her down.” Later, he claimed that it had been via telephone. T
The tribunal found that it was more likely that Mr Easy had stated something to the effect of the girl being too young for the role and that the accountant had stated that it was for safety and health reasons.
Judge Sharon praised the girl aged 15 for how she presented herself to the hearing.
The ruling stated:[The girl]She gave her evidence clearly and candidly while still being a young witness and claimant before an employment tribunal.
“The tribunal considered her a credible witness.
“It was obvious that the tribunal that it [the girl]She was a young girl and this would have been obvious to Mr Easy in December 2019, when she had only recently turned 14.
“Age” does not have to be the sole reason for dismissal.
“The Daimler Foundation Ltd did not prove that age was a factor other than minor or trivial.”
In 2019, an interior design graduate from Edinburgh University, Brooke Shanks, won a £3,000 payout after she was demoted from running a kitchen showroom because she was ‘only 21’.