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Worcestershire NHS v Allen: EAT upholds age-related harassment finding, rejects ‘continuing discriminatory state of affairs’, and remits out-of-time claims to consider a just-and-equitable extension

Published on: 25 March 2024

Published by a Law360 reporter
Legal News
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Worcestershire Health and Care NHS Trust v Allen [2024] EAT 40

In a ruling released on 19 March 2024, the Employment Appeal Tribunal confirmed that an earlier judge correctly found that Worcestershire Health and Care NHS Trust harassed Angela Allen because of her age on a single occasion, although aspects of two further discrimination claims did not fully withstand scrutiny. However, the panel determined that portions of two other discrimination complaints could not be upheld. Judge James Tayler, writing for the panel, said the employment tribunal should have clearly set out what any continuing discriminatory conduct comprised, and that it had not identified anything capable of showing a persistent discriminatory state of affairs. Allen began working for the Trust around 1997 or 1998 as a clinic manager in Worcester, overseeing roughly 19 people. Problems arose when a new contract for sexual health services resulted in a £500,000 budget reduction in 2016, the ruling records. In November 2016, Allen’s managers warned her that her role was at risk of being cut from the team at that time...

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