Giving people nicknames at work is just banter, right?
While this excuse may have worked in the past, the old “banter” chestnut is not likely to get you very far nowadays. David Robson’s recent employment tribunal case is a good example.
Mr Robson was a plumber on the Isle of White who brought a claim against his employer for age discrimination and unfair dismissal. He was made redundant following a redundancy consultation process in which his employer decided to score Mr Robson the lowest out of all employees, despite his long years of experience.
He was 69 years-old at the time of his dismissal, and 71 by the time be won his case.
Mr Robson claimed that the real reason he was selected for redundancy was because he was the oldest employee. He pointed out that he had been scored lower even than trainees, and that he had been called “Half-dead Dave” for years on site, even by his supervisors and bosses. The nickname in fact seemed to have come from a senior manager in the first place.
Mr Robson’s colleagues undoubtedly didn’t give much thought to using these nicknames. But to him, it was embarrassing and made him feel saddened. Mr Robson told the tribunal he just put up with it because he didn’t want the distress of confronting his colleagues about it.
The employment tribunal upheld Mr Robson’s claims and said it was a “pure and simple” case of age discrimination.
Employment Judge Martha Street when giving her judgment said: “Discrimination of any form is not just banter.”
This case is a useful reminder – if anyone still needs it – that people should be treated with respect and dignity at work. Calling something banter and victim-blaming by suggesting the person can’t take a joke just won’t wash anymore.
In this case, Mr Robson was awarded £7,000 by the tribunal for the name-calling alone.
If you would like any advice about age discrimination or unfair dismisal in the work place please contact Kim Cross on 01945 898090 or via email This email address is being protected from spambots. You need JavaScript enabled to view it..
