Employers and courts alike continue to be vexed by issues
relating to age as a ground of discrimination. This is not
surprising given culturally there is still a level of acceptance
regarding "banter" or comments about someone's
age.
Most of us (at least those over a certain age) have received a
birthday card making a joke about our increasing age and subsequent
capability or looks! The recent English case, Jolly v Royal
Berkshire Hospital, is an excellent example of an employer
failing to address age discrimination and illustrates how not to
conduct a capability procedure; it warrants taking a closer
look.
The facts – what happened?
Mrs Jolly worked from 1991 until 2015 as a medical secretary,
and subsequently between 2015 and September 2016 as a patient
pathway coordinator, until she was suspended by her employer,
escorted from the premises, investigated under a capability
procedure and ultimately dismissed. In 2016, Mrs Jolly was 86, and
suffered from a
