Keane v Investigo and Others: EAT 11 Dec 2009

EAT AGE DISCRIMINATION
PRACTICE AND PROCEDURE: Costs
The Claimant, an experienced accountant aged 50, applied for a large number of jobs advertised online as suitable for newly qualified accountants, and when not offered an interview alleged age discrimination – The Tribunal dismissed her claims on the basis (inter alia) that she had no interest in the vacancies and was making the applications only in order to be able to claim compensation and that she had accordingly suffered no detriment – On the same basis it ordered her to pay the Respondent’s costs.
Held that the Tribunal was fully entitled on the evidence before it to reach the conclusion that it did. An applicant for a job who has no interest in accepting it if offered has no claim for discrimination if the application is unsuccessful. Centrum voor Gelijkheid van Kansen en voor Racismebestrijding v Firma Feryn NV [2008] IRLR 732 considered.

Judges:

Underhill P J

Citations:

[2009] UKEAT 0389 – 09 – 1112

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 28 March 2022; Ref: scu.592683