Search

How can we help?

Icon

A birthday to remember? A legal secretary loses age discrimination claim after 50th birthday “well wishes”

In Munro v Sampson Coward LLP, a legal secretary claimed she was subjected to age discrimination when a colleague, who was of a similar age to her, made a comment about her 50th birthday. The comment was along the lines of “it was your 50th wasn’t it? You can’t hide it you know”. The firm had also sent the Claimant a birthday card in the post as it was common practice within the firm to mark individuals’ birthdays.

The Claimant also made a claim that she was subjected to detriments and dismissal for whistleblowing when she told her employer about the comments, which she said showed a breach of data protection legislation.

A legal secretary claimed she was subjected to age discrimination when a colleague, who was of a similar age to her, made a comment about her 50th birthday.

The Claimant said she felt ambushed, punched, slapped and humiliated by her colleague’s comment. The Tribunal, however, did not share the Claimant’s view. It was found that her sensitivity about her age was “unusual and extreme” and no findings of discrimination were made. The comment was found to be “trivial” and the birthday card was intended as nothing more than an act of kindness. Her whistleblowing claim also failed.

Despite the onus that is placed on employers to prevent discrimination, this case highlights that a strict and sensible approach is still taken by tribunals when dealing with such claims.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 10 March 2025
  • Corporate and M&A

Are You Sale Ready?

If you’re at the stage of considering the ‘What Next?’ for your business then it is probably time to consider whether your business is ready to go through a partial or complete sale process.

art
  • 10 March 2025
  • Commercial Real Estate

Etapes clés dans une transaction immobilière anglaise

On nous demande souvent quelles sont les étapes clés dans l’achat d’un local commercial ; voici le parcours typique d’un acheteur ou preneur.

art
  • 07 March 2025
  • Employment

International Women’s Day 2025: A Call to Action for Employers to Champion Gender Equality in the Workplace

As we mark International Women’s Day 2025, it’s essential to reflect on the current state of gender equality in the workplace and the role employers can play in driving change.

art
  • 06 March 2025
  • Employment

Government tables key amendments to the Employment Rights Bill

The Government has proposed a series of significant amendments to the Employment Rights Bill, which will be considered in Parliament.

art
  • 06 March 2025
  • Immigration

What are the UK immigration visa requirements for schools?

Private schools in the UK play a significant role in the attracting international students, but to enrol those requiring a visa , they must comply with strict immigration regulations. 

art
  • 06 March 2025
  • Privacy and Data Protection

Recent data breaches and their impact on organisations

Organisations of all sizes are susceptible to data breaches and the damage caused by these breaches, both reputationally and financially, can be very significant.