A Worker’s Claim of Age Discrimination Fails in Employment Tribunal
A 60-year-old employee has faced a significant setback after an employment tribunal dismissed his claim of age discrimination. Ashok Ahir, who started working as an internal audit assistant for F Hinds in September 2022, alleged that he was subjected to derogatory remarks based on his age.
During a dinner with colleagues in March 2023 while conducting stock takes in Shropshire, Mr. Ahir claimed that retail director Jeremy Hinds, who was in his thirties at the time, called him an “old git” after discussing his ex-girlfriend’s convertible Mazda MX5. The audit assistant described the comment as shocking, offensive, and humiliating, adding that he felt unable to speak up due to fear of jeopardizing his job.
Mr. Ahir also mentioned another instance where a colleague reportedly said, “you’re old, you’re old, you’re old” after completing a stock take together. However, the tribunal found that he could not provide sufficient evidence to support these claims, leading to the dismissal of his allegations.
Jeremy Hinds denied making any such remark and stated that Mr. Ahir had not raised the issue during an internal grievance process. Additionally, Mr. Ahir’s line manager testified that the incident had not been reported to him, despite the employee’s assertion that he had brought it up.
Judge Monica Daley, presiding over the case, concluded that there was no credible evidence to confirm the remark had been made. She noted that there was no record of the incident being reported at the time and that the original grievance did not mention the comment. Furthermore, the line manager denied hearing about the remark, which led the tribunal to find that Mr. Ahir failed to establish facts that would indicate a violation of the Equality Act.
In addition to the alleged slur, Mr. Ahir claimed that concerns about his performance were part of a broader pattern of harassment linked to his age. He pointed to a July 2023 incident where managing director Paul Hinds, Jeremy’s brother, expressed worries about his work during a stock take. Paul Hinds suggested that Mr. Ahir should have been performing at a higher level given his tenure in the role.
Mr. Ahir argued that these concerns were influenced by his previous allegation against Mr. Hinds. However, the tribunal found no evidence that others were aware of the supposed remark, and thus, it could not have affected Mr. Hinds’ perception of his performance.
The main issues raised regarding Mr. Ahir’s performance included his inability to complete relatively simple tasks and a lack of understanding of his role. The tribunal determined that these concerns stemmed from genuine concerns rather than any bias related to his age.
In September 2023, Mr. Ahir claimed another similar incident occurred when a colleague repeatedly called him “old” on the way back from a stock take. Once again, Judge Daley found that the evidence was insufficient to support this claim.
Finally, Mr. Ahir alleged that F Hinds issued an ultimatum of either ending his employment or demoting him as a result of his grievance. However, the tribunal ruled that the decision was based on legitimate concerns about his performance, making it impossible for him to remain in his current position.
Instead of choosing between the two options, Mr. Ahir went on sick leave and eventually resigned in May 2024. Despite his efforts to seek justice, the tribunal ultimately found that his claims lacked the necessary evidence to support them.
