Providing Seating to Senior Colleagues Deemed Age Discrimination

An employment tribunal recently ruled that offering a chair to an older colleague in the workplace could potentially constitute age discrimination. The tribunal heard arguments suggesting that providing seating to older employees while younger ones remain standing could be seen as unequal treatment, possibly violating equality laws.

 

This assertion arose from the case of a 66-year-old recycling plant worker, Filipe Edreira, who felt targeted when a colleague offered him a seat during his shift. Despite Mr. Edreira's belief that this gesture was an attempt to push him out of the company, the tribunal concluded that the offer stemmed from concerns about his health rather than his age. Nevertheless, it acknowledged the action as "unwanted conduct" with potential discriminatory implications.

 

David Faulkner, the employment judge, highlighted the unusual nature of the offer, suggesting that Mr. Edreira had valid grounds to perceive differential treatment. Mr. Edreira, employed by Severn Waste Services (SWS) at its Worcester processing site, faced additional challenges, including being wrongly accused of unauthorized absence and ultimately being dismissed. He believed that management's actions, such as the offer of a chair, were part of a strategy to encourage his departure upon reaching the age of 66.

 

SWS defended its actions, stating that offering support, including seating, to employees for comfort or health reasons was standard practice. They emphasized the long shifts and the need for occasional seating due to health concerns or light duties.

 

This case underscores the complexities of workplace interactions and the potential for actions, even well-intended ones, to be perceived differently by employees. It also highlights the importance of employers being mindful of how their actions may be interpreted in the context of age discrimination laws.