Can you be dismissed because you’re unqualified for the job you do? The answer is yes, but that doesn’t mean the dismissal is fair, and you may be able to make a claim for unfair dismissal and age discrimination.
That’s what happened to Sue Allington.
For nearly 20 years, Sue worked at Rose Hill School in Tunbridge Wells, Kent, where she taught Year Two pupils twice a week.
It costs parents £24,000 a year to send their children to this top prep school. When they reach age 13, leavers move on to some of the UK’s best private schools.
When Emma Neville joined as the new head teacher, she found the school was struggling to attract and retain pupils due to a ‘difficult economic climate’ and ‘fierce competition’.
Emma decided it was essential for all teachers to have at least Level 6 NVQ qualifications or the equivalent.
Three parents complained that Sue only had A levels, so Emma told Sue she had to study an undergraduate course or be demoted to teaching assistant. When Sue refused, she was fired.
Sue made a claim for unfair dismissal and age discrimination. The tribunal was told that Sue was considered an ‘excellent teacher’ and ‘the best person for the job’, and the judge awarded her £141,334.
What this means to you
You must be treated fairly at work, no matter what age you are.
For example, if you lose your job because your employer suddenly decides you must now attain a qualification that didn’t exist when you were studying, you might be able to make a claim for unfair dismissal and age discrimination.
Every case is different, so it’s wise to take advice from an expert employment lawyer like us. We’ll be happy to help.
Related reading
- Refused an opportunity because you’re the wrong age?
- How to prove age discrimination
- Age discrimination law is 10 years old
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