Serial tribunal claimant cannot make age discrimination claim

In Berry v Recruitment Revolution [EAT/0190/10], Recruitment Revolution (RR) advertised a “junior administrator” job on the behalf of a client. The job advertisement (JA) stated that the job would be suitable for a school leaver or someone who had recently taken “A” levels.

Mr Berry, a serial tribunal claimant, asked RR if he should apply for the job. He told RR that he was over the age of 50 and had passed his “A” levels a long time ago.

RR invited Mr Berry to apply for the job. RR said that the JA should have stated that school leavers and graduates would also be considered for the job. However, Mr Berry did not apply for the job but he made an age discrimination claim.

The EAT held that Mr Berry could not make such a claim based on the JA if he did not apply for the job.

The EAT said that [see para. 29]:

“the purpose of the [Age Discrimination] Regulations is not to provide a source of income for persons who complain of arguably discriminatory advertisements for job vacancies which they have in fact no wish or intention to fill, and that those who try to exploit the Regulations for financial gain in such circumstances are liable, as happened to the claimant in the Investigo case, to find themselves facing a liability for costs.”

Also see the serial litigants website.