Calling a colleague “old” because he has problems with computer skills does not in itself constitute age discrimination, an employment tribunal has ruled.
The decision came in the case of 39-year-old Farah Janjua, who brought a claim against her former employer, Harvey Jones Ltd., after a younger manager told her her lack of IT skills was because she was “old.”
Ms Janjua argued that the comment, made by a colleague in her late 20s, constituted unlawful age discrimination. She was fired from her job as a sales designer after her probationary period ended and then initiated legal proceedings.
However, an employment tribunal sitting in Reading dismissed her claim entirely, concluding that the remark did not meet the legal threshold for age discrimination.
The court heard Ms Janjua started working at a Harvey Jones kitchen showroom in Marlow in July 2022. In one incident, a sales manager, Nawaz Salauddin, intervened while she was working on a document and showed her how to add attachments using a computer mouse.
When Ms Janjua said she didn’t know the feature existed, Mr Salauddin replied: “Because you are old.”
Ms Janjua complained about the remark, arguing it was age-related as she was 39 at the time. She also recounted another incident in which a regional sales manager appeared “disgusting” when told her age.
Judge Naomi Shastri-Hurst dismissed the lawsuit, saying the court recognized the statement but concluded it was not legally discriminatory.
“We note that a lack of technical knowledge is often associated – rightly or wrongly – with age,” said the judge. “On the balance of probabilities we accept that this conversation took place as suggested.”
However, she added that the evidence showed Mr Salauddin would have made the same remark to anyone older than him, rather than specifically targeting Ms Janjua because she was 39 years old.
“Given the evidence before us about his character and behavior and his desire to assert his authority, we conclude that he would have said this to anyone older than him,” the judge said.
Ms. Janjua was fired in December 2022 due to concerns about her performance. The following month, she took legal action, filing claims of age discrimination as well as allegations of race and gender discrimination, sexual harassment, gender-related harassment and victimization.
All claims were dismissed by the court.
“We reject the allegation of age discrimination in its entirety,” Judge Shastri-Hurst concluded.
The ruling underscores the distinction courts make between inappropriate or imprudent workplace statements and conduct that meets the legal definition of discrimination in employment law.
