Being told to behave in a more grown-up manner at work is not discriminatory a judge has ruled, dismissing an age and race discrimination claim made against London’s Hippodrome Casino.
Waitress Ms Mariotti claimed she was discriminated against when a bar supervisor commented that she “should not expect youngsters to do the work” and to behave in a more grown-up way when she was seen quarrelling with a younger waitress about moving a glass.
The judge found that this comment could not be seen as unfavourable treatment due to her age, and simply indicated the supervisor felt she was behaving in an immature way.
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“It is a commonplace to condemn as ‘childish’ quarrelsome and impulsive behaviour which is characteristic of children, but which adults are expected to have overcome, and to refer to responsible actions and attitudes as ‘grown-up’,” said Employment Judge Goodman.
A colleague was also said to have called out “the black girl fell down” when the claimant suffered a fall at work, something she claimed was discriminatory because of her race.
The tribunal disagreed with this view, noting that the person in question supervised around 200 staff and “may well not have been able to remember, in the middle of a nightshift, the claimant’s name, and used ‘black girl’ as a way of identifying who needed help”.
Mariotti claimed she was “branded hard to work with” following a disagreement with a colleague about offering a discount to a customer, which she alleged was discriminatory based on her age and race.
She also complained that her induction was inadequate, which she again claimed was discriminatory on age and race grounds, and said she was discriminated against when the company moved her to a position in a burlesque bar within the casino.
Colleagues who smoked were allowed additional breaks, which she said was also discriminatory because of her age and race. The casino said she had never requested extra breaks.
She went on sick leave in November 2019 and remained off work until she was dismissed because of redundancy in October 2020. Several other staff were made redundant at this time, which was at the height of the Covid-19 pandemic, and the tribunal found the redundancy scoring process had been fair and “without taint of race or age discrimination”.
A breach of contract claim related to pay was also dismissed as the tribunal found she had been paid sufficiently. All age and race discrimination claims were dismissed.
The case highlights how easily comments can be misconstrued at work said Lisa Moore, senior employment solicitor at Harper James. “It is possible for even innocent comments by management to be deemed discriminatory,” she said.
“The best way to avoid such issues arising is for a diverse culture to be encouraged where staff are treated with respect and communication is open and inclusive. Where management promotes these values, other members of staff are likely to follow, thereby reducing the risk of misunderstandings and conflicts arising.
“This case serves as a reminder of the importance for employers to implement a company-wide equal opportunities policy. It is also essential that management training is provided on equality and diversity along with regular refresher sessions thereafter. Not only will training ensure that management has a greater understanding of what forms of language are acceptable in the workplace, but this can also be used as a partial defence to future legal claims.”
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In 2021, another employment tribunal decision ruled that being told to “grow up” was not age discrimination, in a case involving a hair salon.
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