Using the phrase 'back in your day' to an older work colleague could count as ... trends now

Using the phrase 'back in your day' to an older colleague at work could count as age harassment, an employment judge has ruled.

The ruling came in the case of nursing assistant Margaret Couperthwaite - who is in her 60s - after she sued for age harassment, alleging a younger colleague suggested an operation had been free on the NHS 'back in your day'.

Although her claim was dismissed, as the tribunal found the comment was never made, it was concluded that the 'barbed and unwelcome' expression highlighted the age gap between two people and may amount to 'unwanted conduct'.

This means that elderly workers could now successfully sue as the comment is 'related to age' with the hearing in Watford saying they would be 'likely to accept' the argument in future cases.

Ms Couperthwaite had claims of discriminatory dismissal, disability discrimination and harassment thrown out after working at Hilton Nursing Partners in Ashford, Kent, as a personal nursing assistant from December 2018.

She was twice promoted at the centre, which provides healthcare and patient assessments for those who have been discharged from hospital, the last of which was in January 2021.

Ms Coupertherwaite had suffered from cancer since 2014 and had a 'significant amount of treatment' for it in that time.

However, in January 2021, manager Joanna Stevens invited her to a sickness disciplinary meeting after it was deemed her absences had 'hit a trigger'. As a result, she was handed a written warning which would last a year.

The tribunal heard bosses were 'aware' of her previous cancer and treatment for it - but these concerns had been prompted after Ms Couperthwaite had four days off with a 'cut finger'.

She complained her age had been a contributing factor when she was not selected for

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