Over £90,000 compensation awarded for age discrimination
In Killa v Electronic Motions Systems Ltd, Mr Killa was selected for redundancy without any objective criteria or proper selection process being applied. At the end of the consultation meeting held to discuss redundancy, he was dismissed with immediate effect and asked to leave the premises. While suitable alternative work was available, it was not offered to him.
The tribunal found the dismissal was unfair both procedurally and substantively and as the employer had been unable to provide any adequate explanations for its actions, the tribunal ruled that the dismissal amounted to age discrimination.
Mr Killa had taken steps to find work, and had applied for a number of vacancies, but had had no success. He had therefore done all he could to mitigate his loss and was awarded full loss of earnings to the date of the hearing which with interest, amounted to £8,540.
As to future loss, the tribunal were of the view that, at the age of 59, the Mr Killa was unlikely to find a job with equivalent earnings. It stated: “It is not, unfortunately, the case that someone aged 59, 60, or over, competes on a level playing field with younger people. The reality is that age discrimination exists and is likely to be highly influential in limiting his opportunities.” His total future loss was calculated at £81,459, which was adjusted for accelerated payment to £78,913.
As far as injury to feelings was concerned, the tribunal found that that there was only one incident of age discrimination but because of the shock he had suffered at the manner of his dismissal and the impact on his dignity, he would receive £2,578. In all, the total compensation came to £90,361.
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