Age Discrimination by an ‘inclusive’ employer.

A 75-year-old woman with dementia has won a legal claim against a well-known supermarket chain for age and disability discrimination and unfair dismissal.

The claimant had worked at the supermarket for 20 years but resigned in September 2020 after feeling “pushed out of the business” and “too old to be there,” according to an employment tribunal. Her co-workers had noticed her slowing down at work, becoming ‘flustered,’ and misplacing her personal belongings, and she had walked to work on one occasion because she couldn’t remember where the bus stop was. The claimant was asked by her manager twice if she wanted to retire from her job.

The tribunal judgement said: “The claimant was treated unfavourably in that she was asked on more than one occasion to retire, that her bag was rummaged in by someone else and that her symptoms were presented to her in a meeting which resulted in her becoming agitated.”

Citing age and disability-related harassment, the tribunal found the claimant resigned only after her employer breached “the implied term of trust and confidence” so was unfairly dismissed.

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