Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Age discriminationAgeNHSLatest NewsEmployment tribunals

89-year-old wins £200,000 in compensation for age discrimination

by Ashleigh Webber 18 Nov 2019
by Ashleigh Webber 18 Nov 2019 Eileen Jolly appeared on ITV's This Morning earlier this year.
Ken McKay/ITV/Shutterstock
Eileen Jolly appeared on ITV's This Morning earlier this year.
Ken McKay/ITV/Shutterstock

An 89-year-old former medical secretary who was unfairly dismissed from her post at Royal Berkshire Hospital has won £200,000 in compensation.

Eileen Jolly was dismissed from the NHS trust in 2017, when she was 86, after she failed to upload details of cancer patients awaiting non-urgent breast reconstruction surgery into a new database. This meant some patients had to wait more than a year for surgery – a breach of NHS guidelines.

Age discrimination

Legal Q&A: Justifying age discrimination

Age discrimination is ‘holding workers back’

Age bias risks creation of a ‘forgotten generation’

Jolly, who had been employed at the hospital since 1991, claimed that she had not been properly trained to use the new system, which led to mistakes being made.

In a hearing before the Reading employment tribunal last year, she claimed that NHS trust’s decision to dismiss her was based on her age and said there had been unpleasant remarks made about her age and health – specifically, questioning her ability to walk the length of the building and her “frailty”.

Judge Andrew Gumbiti-Zimuto agreed that her dismissal had been unfair and “tainted by discrimination”. He found that her grievances had not been addressed and that she had been treated differently to other staff because sufficient training had not been offered to her.

His judgment states: “The claimant had not been carrying out the role in the way that the respondent wished the role to be carried out and had not understood the nature of the role that she was expected to perform by the respondent.

“Instead of the respondent addressing that issue directly and either training her and then requiring her to do the role as directed the claimant was dismissed. This was because of her age.”

In a remedy judgment made last month, the Royal Berkshire NHS Foundation Trust was ordered to pay Jolly £200,000 in compensation (£129,375 net of tax) within 14 days.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Net of tax, this consisted of: a £12,956.54 basic award; a £71.472.64 compensatory award; £20,000 for injury to feelings; £350 for loss of statutory rights; £1,727.52 for the organisation’s failure to provide written reasons for dismissal; and £22,868.16 for failing to comply with the Acas code of practice.

HR opportunities in Healthcare on Personnel Today

Browse more HR opportunities in healthcare

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Scammed employee will not have to repay £108,000 to employer
next post
‘Commit to mental health first aid in party manifestos’, politicians urged

You may also like

Restaurant tips should be included in holiday pay

21 May 2025

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Pay awards in real terms could fall for...

21 May 2025

Ryanair demands flight attendants pay back salary increase

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Uncertainty over law hampering legal use of medical...

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Employers ‘worryingly’ ignorant about stress risk assessments

20 May 2025

UK and EU agree to collaborate on ‘youth...

19 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+