Calling a colleague “old” because they struggle with computer skills does not, on its own, amount to age discrimination, an employment tribunal has ruled.
The decision came in the case of Farah Janjua, 39, who brought claims against her former employer, Harvey Jones Ltd, after a younger manager told her 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. She was dismissed from her role as a sales designer following the end of her probation period and subsequently launched legal proceedings.
However, an Employment Tribunal sitting in Reading rejected her claim in full, concluding that the remark did not meet the legal threshold for age discrimination.
The tribunal heard that Ms Janjua began working at a Harvey Jones kitchen showroom in Marlow in July 2022. During one incident, a sales manager, Nawaz Salauddin, intervened while she was working on a document, showing her how to add attachments using a computer mouse.
When Ms Janjua said she did not know the function existed, Mr Salauddin replied: “Cos you’re old.”
Ms Janjua complained about the remark, arguing it was ageist given that she was 39 at the time. She also alleged a separate incident in which a regional sales manager appeared “disgusted” on learning her age.
In dismissing the claim, Judge Naomi Shastri-Hurst said the tribunal accepted that the comment had been made, but found that it was not discriminatory in law.
“We find that a lack of technical knowledge is not infrequently deemed, rightly or wrongly, to be connected to age,” the judge said. “On the balance of probabilities, we accept that this conversation took place as suggested.”
However, she added that the evidence showed Mr Salauddin would have made the same comment to anyone older than him, rather than targeting Ms Janjua specifically because she was 39.
“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,” the judge said.
Ms Janjua was dismissed in December 2022 following concerns about her performance. She launched legal action the following month, bringing claims of age discrimination alongside allegations of race and sex discrimination, sexual harassment, harassment related to sex, and victimisation.
All claims were rejected by the tribunal.
“We reject the claim of age discrimination in its entirety,” Judge Shastri-Hurst concluded.
The ruling highlights the distinction tribunals draw between inappropriate or ill-judged workplace comments and conduct that meets the legal definition of discrimination under employment law.
