Age discrimination case

Elizabeth Ryan turned to her union, Managers in Partnership, and Thompsons Solicitors for legal support after she felt she was a victim of indirect age discrimination at work – in a case that highlights the importance of experienced legal support for complex employment issues.

The Plymouth woman, who had been employed the South West Ambulance Services NHS Trust for almost 30 years, applied while in the role of Education Business Manager for two new positions within the organisation.

These positions were to be filled by a ‘talent pool’, a system operated by the Trust that selects employees to be considered for promotion based on three criteria:

• The obtaining of an “exceeding expectations” grading in an annual appraisal;
• The obtaining of an “exceeding expectations” grading on appeal, following an annual appraisal, or;
• By way of a bi-annual “self-nomination”.

The then 67-year-old launched a claim on the basis that employees aged between 55 to 70 were significantly less likely to be in the talent pool than their younger counterparts and, as such, she had been the subject of discrimination.

An Employment Tribunal in Exeter ruled in favour of the employer, finding that Mrs Ryan was an ‘underserving claimant’ – as she had not appealed her appraisal grading or self-nominated herself to the talent pool.

With the support of MiP and Thompsons, Mrs Ryan took the case to the Employment Appeal Tribunal and won. Judges at the appeal found that she was not ‘underserving’ but rather that her age had made her less likely to get into the talent pool, which put her at an immediate disadvantage. They added that the Trust had provided no evidence to show that had she self-nominated she would have been placed in the pool.

Lisa Reynolds, the executive at Thompsons who had conduct of the case, said: “This is an important case with significant ramifications for talent pool recruitment in the UK. It helpfully sets out all the necessary steps to be taken in a claim for indirect discrimination.”