An employment tribunal has ruled that calling a colleague “old” due to their computer skills does not, in itself, constitute age discrimination. This decision arose from the case of Farah Janjua, aged 39, who filed claims against her former employer, Harvey Jones Ltd, after a younger manager remarked that her lack of IT skills was “because you’re old”.
Ms Janjua argued that the comment, made by a colleague in his late 20s, amounted to unlawful age discrimination. After being dismissed from her role as a sales designer following the end of her probation period, she initiated legal proceedings. However, the Employment Tribunal in Reading dismissed her claim entirely, determining that the remark did not meet the legal criteria for age discrimination.
The tribunal heard that Ms Janjua started her role at a Harvey Jones kitchen showroom in Marlow in July 2022. During an incident, sales manager Nawaz Salauddin showed her how to add attachments using a computer mouse. When Ms Janjua admitted she was unaware of the function, Mr Salauddin commented, “Cos you’re old.”
Ms Janjua lodged a complaint about the remark, asserting it was ageist as she was 39 at the time. She also described a separate incident where a regional sales manager appeared “disgusted” upon learning her age.
In dismissing the claim, Judge Naomi Shastri-Hurst stated the tribunal accepted the comment had been made but found it was not discriminatory under the law. “We find that a lack of technical knowledge is not infrequently deemed, rightly or wrongly, to be connected to age,” the judge remarked. “On the balance of probabilities, we accept that this conversation took place as suggested.”
The judge added that evidence indicated Mr Salauddin would have made the same comment to anyone older than him, rather than targeting Ms Janjua specifically because of her age. “In light of the evidence we have as to his character and behaviour, in terms of his desire to assert his authority, we find that he would have said this to anyone older than him,” she explained.
Ms Janjua was dismissed in December 2022 due to concerns about her performance. She launched legal action the following month, raising claims of age discrimination in addition to allegations of race and sex discrimination, sexual harassment, harassment related to sex, and victimisation. All of these claims were rejected by the tribunal.
“We reject the claim of age discrimination in its entirety,” Judge Shastri-Hurst concluded. The ruling underscores the distinction tribunals make between inappropriate or ill-judged workplace comments and conduct that meets the legal definition of discrimination under employment law.
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