Long-serving employee loses age discrimination and unfair dismissal claims
A tribunal dismissed all claims brought by an assistive technology support worker with 21 years' service against Thirteen Housing Group Ltd, including allegations of direct age discrimination and unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent from 7 January 2000 until 12 July 2021.
- The claimant presented a claim form on 26 September 2021 alleging unfair dismissal, direct age discrimination, holiday pay, arrears of pay, and notice pay.
- The claimant applied to amend her claim to include harassment on grounds of age, which was refused on 6 July 2022.
- The substantive hearing took place on 14–16 December 2022.
- All complaints were dismissed: direct age discrimination, unfair dismissal, wrongful dismissal, and failure to pay accrued holiday pay.
- The complaint of unauthorised deduction of wages was withdrawn.
Timeline
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Employment started
Claimant began working for the respondent in an assistive technology support role.
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Employment ended
Claimant was dismissed from her employment.
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Claim presented
Claimant presented her claim to the tribunal.
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Preliminary hearing
Employment Judge Jeram held a preliminary hearing and noted the claims.
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Application to amend
Claimant applied to amend her claim to include harassment on grounds of age.
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Amendment hearing
Employment Judge Pitt heard the amendment application.
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Amendment refused
Employment Judge Pitt refused the amendment.
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Substantive hearing day 1
Full hearing of all claims began at Teesside Justice Centre.
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Judgment given
All complaints were dismissed.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct age discrimination, unfairly dismissed, wrongfully dismissed, and whether she was owed holiday pay and other wages.
The outcome
The tribunal dismissed all complaints brought by the claimant against Thirteen Housing Group Ltd.
- Direct age discrimination: The claimant failed to show that her age was the reason for any alleged mistreatment or dismissal.
- Unfair dismissal: The dismissal was found to be fair, as the respondent had a genuine reason and followed a reasonable procedure.
- Wrongful dismissal: The claim was rejected as the claimant was not entitled to notice pay.
- Holiday pay and other wages: The claim for accrued holiday pay was dismissed, and the complaint of unauthorised deduction of wages was withdrawn.
No compensation was awarded.
Lessons & takeaways
- To succeed in an age discrimination claim, you must provide evidence linking the treatment to your age, not just a difference in age between you and others.
- Length of service alone does not guarantee a finding of unfair dismissal; the employer's reason and process are key.
- Claims for holiday pay must be supported by clear evidence of accrued but untaken leave.
- If you wish to amend your claim to add new allegations, do so promptly and explain why they were not included originally.
What this case shows in practice
This case involved a long-serving employee in an assistive technology support role who brought multiple claims after her dismissal. Despite 21 years of service, the tribunal found that her employer, Thirteen Housing Group Ltd, had acted fairly and without discrimination. The claimant alleged that she was treated less favourably because of her age, but the tribunal noted that she could not point to any specific act that was because of her age beyond a general age gap with a colleague.
What the losing side could have done differently
For the claimant, the key difficulty was a lack of evidence linking the alleged treatment to age. The tribunal highlighted that the claimant was unable to particularise how any of the alleged incidents were connected to her age. In discrimination claims, it is essential to provide specific examples and explain why the protected characteristic was the reason. Additionally, the claimant's application to add harassment claims was refused because it was made late and without good reason.
Why the result matters for similar claims
This case reinforces that employees cannot simply assert discrimination without concrete evidence. Even with long service, the burden remains on the claimant to show that age was a factor. For employers, it demonstrates that a fair process and a genuine reason for dismissal can withstand scrutiny, even when the employee has decades of service. The dismissal of the holiday pay claim also underscores the importance of keeping accurate records of leave taken and accrued.
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