Job applicant receives settlement due to unlawful age discrimination at interview
Janice Walsh applied for a job with Domino’s Pizza, hoping to secure a role as a Delivery Driver. However things quickly took a turn for the worse during her initial interview, with the very first question that she was asked relating to her age. Ms Walsh was ultimately informed that she had not been successful in her application.
Janice Walsh applied for a job with Domino’s Pizza, hoping to secure a role as a Delivery Driver. However things quickly took a turn for the worse during her initial interview, with the very first question that she was asked relating to her age. Ms Walsh was ultimately informed that she had not been successful in her application.
She went on to claim for discrimination against both the specific Domino’s Pizza franchise in which she had attended the interview, and the individual that had interviewed her, claiming that she felt her age had been a key reason that she was not offered the role. She subsequently received an apology for the way in which the interview was conducted and was paid £4,250 in settlement.
Whilst Ms Walsh was based in Northern Ireland, the age discrimination provisions within England and Wales are similar. Under the Equality Act 2010, it is unlawful to directly discriminate by treating a job applicant or employee less favourably than others because of age without objective justification. The availability of the objective justification defence is different to the other protected characteristics (sex, race, sexual orientation etc), as usually there is no such potential defence to a direct discrimination claim.
Organisations should be alive to the risks of potential discrimination claims within the recruitment process, and remember that protection extends to job applicants, not just those in employment.
Organisations should ensure all interviewers have had adequate diversity training which includes conscious and unconscious bias.
Questions at interview should focus on skills, abilities and potential. Questions that relate to protected characteristics (for example, age, questions about childcare arrangements, living arrangements, or plans to get married or to have children) should be avoided. Managers may find it helpful to have a checklist of key questions to avoid asking, with suggested alternatives. Where such information is volunteered at interview or during the recruitment process, managers should take particular care to not to allow themselves to be influenced by that information.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
Training
Mock inquest training course
Legal Update
Employment Healthcare Briefing: December 2024
Legal Update
Employment Rights Bill: Will it cost more to outsource public services and back-office functions?
Legal Update
Navigating workplace sexual harassment laws during the festive season
Legal Update
Navigating the new 'Failure to Prevent Fraud' Offence: What organisations need to know
On-Demand
Managing safeguarding allegations against staff
Opinion
Revolutionising the Workforce: Impact of Get Britain Working White Paper
Legal Update
Supreme Court shines a light on collective agreements
Press Release
Browne Jacobson advises Celtic Freeport as it opens for business
In Person Event
Ascensus and O Shaped workshop: Ethics in the spotlight
Published Article
Johnson et al v FirstRand Bank: Judgment sends warning across financial services intermediation
Legal Update
Manchester Ship Canal Co Ltd v United Utilities Water Ltd: Opening the floodgates to mass litigation?
Legal Update
What’s in a name: ESG principles and UK local authorities
Opinion
Balancing employer flexibility and employee rights
Legal Update
Right to work update: eVisas
Legal Update
How the Data (Use and Access) Bill will impact the public sector
Opinion
Empowering your workforce: Key tips on adjustments for new starters
Legal Update
Know your dispute resolution clauses: Key take-aways from Kajima v Children’s Ark and Lancashire Schools v Lendlease
On-Demand
Shaping a culture of respect and safety: Preventing sexual harassment in our schools
Legal Update
Top five takeaways for schools on the Employment Rights Bill
Opinion
Law Commission initial consultation published on reforming Part 2 of the Landlord and Tenant Act 1954
Legal Update
Building an inclusive workplace: Strategies for attracting and retaining disabled talent
On-Demand
How schools can grapple with new employment law to thrive in a new era
Press Release
Browne Jacobson advises The Jordon Group on transformative merger
Press Release
Browne Jacobson advises UK’s leading fire protection specialist on key acquisition
Press Release
Browne Jacobson advises IT solutions specialist on sale to Goldman Sachs-backed international digital transformation provider
Online Event
EdCon 2025
Legal Update
Breaking the glass ceiling: Empowering female leadership in the food and drink sector
Legal Update
EasyGroup proceedings defeated by jurisdictional challenge
Legal Update
New amendments to the Civil Procedure Rules and their impact
Legal Update - Employment Rights Bill
What does the Employment Rights Bill mean for employment practices liability insurance?
Opinion - Employment Rights Bill
Beyond the Bill: Exploring the horizon of new employment rights and proposed measures
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Legal Update
Expanding the role of school attendance mentors
Press Release
Browne Jacobson advises UK climbing operator on sale to Belgian investment firm
Legal Update
Organisational approaches to ESG and sustainability matters
Legal Update
Balancing acts: Navigating the complex risks in adult social care provision
Legal Update
What the UK Covid-19 Inquiry means for higher education providers
Opinion
New anticipatory duty to prevent sexual harassment at work: final EHRC guidance published
