Do I have any legal grounds to challenge dismissal under age discrimination?

[Aydel]

I was in a new job on six months probation, and my position was abruptly terminated last week on Wednesday. I was paid until the end of the week, and one month in lieu of notice. This came as a bolt from the blue as I was hitting all of my targets.

I’m the third senior person to be fired in six months - they have got rid of the CEO, the COO and I know that they are going to sack the CFO as I was involved in the recruitment for his successor. We are all over 50, and our replacements are all in their 20s and 30s. I was the HR director and I’ve been replaced by a new graduate who has no HR experience at all (and only 18 months work experience). She is also related to one of the other directors. It’s like the new owner has come in and decided he wants a clean sweep (although he hired me).

As I understand it, your rights during probation are very limited. Yes I believe age discrimination can be a challenge but its very hard to prove, especially during a probationary period.

Thank you. I’m not sure I have the energy.

You need to consult a lawyer who specialises in employment law if you want to know if you have a case. Anyone advising on here based on the information you have posted would be guessing.

I’d probably fuce the CFO the heads up, although as HR Director how were you advising the CEO on doing that legally?

As a HRD I’m surprised you’re not clear on what recourse is open to you. I speak as a HRD. But like you say, is it worth your energy? You can’t save some companies from themselves and your energy is probably better spent finding a new opportunity.

I wasn’t advising him. He asked for contacts in head hunting firms. I assumed for CEO and COO, but when he copied me in, I saw it was for the CFO.

A court victory is very often a phyrric victory. Think carefully before taking that route. Better to find a new job and then take satisfaction watching your previous company crumble from lack of experienced officers.

Not saying you should never go to court but be careful to weight up costs (including emotional energy) and benefits.

How do you intend on evidencing discrimination? Pointing out what could just be a coincidence is not the start of a good case.

If you can show that something happened from which discrimination might be inferred (potentially), then the burden of proof shifts to the company to prove it wasn’t discriminatory.

You do potentially have enough to shift the burden to them - firing older employees and replacing with younger, inexperienced staff.

It doesn't necessarily mean you’ll win, but it’s rare to get a smoking gun in discrimination claims and it’s about drawing inferences from conduct.

Id be inclined to plead it as both direct and indirect discrimination in case they try and say they did it to save costs.

What reason did they give you?

Well this is bizarre - they didn’t really give any reason. They said that they wanted someone with more knowledge of the sector, but they knew I had minimal knowledge of this when they hired me, and they had hired me for my background and knowledge of employment law in a third country where they were opening a new office.

What are the statistics on firing and hiring saying? Did they only interview young candidates?

They haven’t replaced the CEO and COO yet. They’ve said they want someone young and energetic to replace the CFO. Most people in the company are under 40.