The latest EAT decision in a long-running age discrimination dispute involving the French Lycée in London addresses the power of an employment tribunal to make recommendations. The claim arose back in 2008, when a member of staff working as the French equivalent of a part-time dinner lady was refused promotion on grounds of age, and was then victimised when she tried to complain about her treatment.
The recommendations of the tribunal included the appointment of a HR advisor to review the school’s policies and procedures to ensure compliance with English employment law, and undertaking a programme of formal equality and diversity training. The school appealed, arguing that these recommendations were too wide. The EAT disagreed, particularly in view of the fact that the Claimant was still working at the school.
This case was decided under the Age Equality Regulations, which have now been subsumed into the Equality Act 2010. One of the changes introduced by the Equality Act is to widen the power to make recommendations, even if they do not directly benefit the claimant. As a result we can expect to see more recommendations like this in the future, including in cases where the claimant does not stand to benefit form their implementation.