In Keane v Investigo [EAT/0389/09], Ms Keane was an experienced accountant aged 50, who unsuccessfully applied for jobs aimed at accounting graduates. Ms Keane claimed that she was not invited to any interviews for those jobs because of her age.
The EAT dismissed the claim and upheld the tribunal’s order for her to pay the employer’s costs.
The EAT said that the tribunal was entitled to find that Ms Keane was a litigious job applicant who made money from tribunal claims. Ms Keane had not suffered from any disadvantage or detriment as a result of her unsuccessful job applications because she had no genuine interest in the jobs. Therefore, she was not a victim of unlawful age discrimination.
An unsuccessful job applicant must have a genuine interest in the job in order for them to suffer from a disadvantage [see para. 22].
2 comments:
The agencies who settled Ms Keane's claims out of court must be fuming (see paragraph 6)!
Also see Kratzer v R+V Allgemeine Versicherung AG at http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30dd5dc1434b47204105aacdfbeb30512d08.e34KaxiLc3qMb40Rch0SaxuTbNn0?text=&docid=182298&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=768715
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