Is Offering a Chair to an Older Employee Age Discrimination?
- Employment Law
- 24th Apr 2024
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 […]
By Gareth Matthews
MLP Law
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.
About the expert
Gareth Matthews
Partner - Employment Law expert
Gareth is a Partner in mlplaw’s Employment team and for over 10 years has specialised in employment law, primarily advising businesses and senior individuals. Gareth has significant litigation experience, including experience as an advocate in the Employment Tribunal. Gareth also has considerable experience in advising on the employment issues in corporate mergers and acquisition, including the complexities which arise in TUPE transfers. Gareth’s sector experience is wide ranging, encompassing advice to clients in the hospitality, retail, construction, healthcare, recruitment and manufacturing industries. Gareth provides training to clients and organisations on a variety of key employment topics, such as absence management, disciplinary and grievance processes and employment law updates. Gareth also acts as a guest lecturer in employment law at Liverpool Hope University. Gareth has been described by Legal 500 as someone who is ‘very reassuring and does a great job’ and was named Legal Personality of the Year by Downtown in Business. Gareth has also been quoted as an employment law expert in the Manchester Evening News and The Times and is known for his pragmatic and commercial advice, as well as his ability to quickly understand his clients’ business objectives and tailor his advice accordingly. Prior to joining mlplaw, Gareth spent a number of years working in the employment teams at two international law firms in Manchester. Away from work Gareth is a passionate cricket and football fan and enjoys discovering new music. Gareth is also a keen traveller but has had to put his plans to become fluent in a foreign language on hold in favour of spending time with family, particularly his two young sons of whom he is incredibly proud.
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