Woman 'too young' for job wins landmark ruling

Law Editor,Robert Verkaik
Monday 12 November 2007 01:00 GMT

A membership secretary of an exclusive London club has become the first person to win a discrimination claim for being told she was too young for her job.

Megan Thomas, 20, from Shirley Oaks Village, Surrey, claimed she had been dismissed from her post because managers told her she was not old enough to deal with members of the Eight Member Club in central London.

A landmark ruling by a London employment tribunal ruled that Ms Thomas was unfairly dismissed and discriminated against on the grounds of her age.

The newly-enacted age discrimination rules were originally aimed at older workers. But the latest ruling could help young people who feel they are being discriminated against because of their youth.

Lawrence Davies of Equal Justice solicitors, who acted for Ms Thomas, said: "Young workers get a raw deal in today's society. This is the first time that the courts have said age discrimination adversely affects the young and young- looking as well as the old. We would hope that more young workers exercise their employment rights."

Ms Thomas said after the ruling: "I was upset to lose my job. I had never lost a job before. It was humiliating especially because I was told I was too young and if they had met me a few years later there may not have been a problem. They also said that I was deceitful, sly, and lacked integrity, which was hurtful and untrue."

But a spokesman for the Eight Members Club, which has about 800 members, said that they had not discriminated against Ms Thomas and that the club employed many people of Ms Thomas's age.

He said: "It's a very strange ruling because this is a young person's business and many of the waiters and waitresses working here are the same age or even younger than Megan. She had finished her six months' probation and had made some mistakes, so we decided to end her employment."

He said it was the first he had heard about the legal case and had not had a chance to address the issues raised at the tribunal. He said the owners would appeal against the ruling.

Ms Thomas has already found another job. She said: "I secured new employment on a higher salary of £25,000 on 7 August, 2007. I enjoy my new job where the employer treats me with respect and does not look down on me because of my age."

The club, which likes to be known as Eight, is a private members club in the City for those "searching for a discreet and private haven in which to enjoy the simple pleasures of sublime drinks, card play and shooting pool".

The club's literature says: "Our simple guiding principle is to ensure privacy and exclusivity to our members, ensuring every detail of your time at the club is nothing short of perfection."

The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006. Under the EU-inspired law, it is unlawful to discriminate against workers under the age of 65 on the grounds of age.

Making someone redundant or barring workers from training or promotion because they are too old – or too young – is illegal under the legislation. All the cases so far have concerned old age discrimination.

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