Is Offering a Chair to an Older Employee Age Discrimination?

The recent ruling in the case of Edreira v Severn Waste Services at The Birmingham Employment Tribunal has sparked discussions regarding age discrimination in the workplace.

The Tribunal’s decision suggests that offering a chair to an older employee, but not to younger counterparts, could potentially amount to less favourable treatment because of age, contrary to the Equality Act 2010.

Filipe Edreira, a 66-year-old recycling plant operative, had worked at the business for 17 years. After his dismissal in 2023, he alleged that his employer’s offer of a chair to enable him to sit down whilst working amounted to age discrimination. Mr Edreira pointed out that he had not asked for a chair and no other employees had been offered one.

While the Tribunal acknowledged that offering a chair to an older employee but not a younger one might, in theory, amount to less favourable treatment because of age, it ultimately found in favour of the employer in this instance. This was because the Tribunal concluded that the chair was offered out of a genuine concern for the employee’s health, and not because of his age.

The Tribunal therefore did not outright dismiss the possibility of successful discrimination claims based on similar circumstances, and this fact was highlighted in numerous media reports. However, it’s important to recognise the specific context of each case and employers who offer chairs to older employees, especially due to health concerns, are unlikely to face significant legal repercussions under normal circumstances.

It seems that the reporting of this case was designed to provoke dismay about employment law ‘red tape’ and a perceived lack of common sense. However, when we dig deeper into the decision, we can see that the decision was in fact a sensible one. This shows how important it is to approach discussions of discrimination with nuance and context so that employers can better understand their obligations, and employee’s their rights, in the workplace.

If you need support or advice regarding discrimination in the workplace or Employment Tribunal claims generally, please get in touch via employment@mlplaw.co.uk.