Fixing a disciplinary problem after an IT issue proves more than a technical glitch

When ‘Grandpa Kev’ was unfairly targeted by his boss because of his age he needed help to fightback and ultimately win his disciplinary case.

IT helpdesk technician Kevin, aged in his mid-fifties at the time, was the oldest member of his team.

He was constantly targeted and ridiculed because of his age by his boss, who was in his thirties.

Kevin was labelled slow, told he needed to keep up with younger workers and faced jokes about old people being rubbish with technology.

The manager would refer to Kevin, who had worked for the employer for six years, as Grandpa Kev, and as a ‘joke’ even bought him a folding walking stick as a birthday present.

When Kevin contacted the Castle Associates Employee Support Centre it was because he was facing formal disciplinary action.

It was alleged Kevin had failed to address an IT issue in a timely manner, which caused serious disruption to the business.

What was dubious about the timing of the allegation being raised, is that it was an issue the manager was aware of over four months earlier.

The allegation was brought to Kevin’s attention almost immediately after the conclusion of a grievance process. That grievance process took place after Kevin finally decided to raise a grievance against his boss on the grounds of age discrimination and unfair treatment.

Kevin was invited to a grievance hearing. During the subsequent grievance investigation the manager admitted making comments in relation to Kevin’s age, but said it was just banter.

This was accepted by the employer, which rejected all of the points of Kevin’s grievance.

Aggrieved Kevin submitted a grievance appeal, but that too was rejected after an appeal hearing.

Just two days later, Kevin was unexpectedly summoned to his manager’s office.

Stunned Kevin was informed he was to face disciplinary action in relation to the IT incident many months ago because he had failed to resolve it quickly.

Kevin argued the incident was known about, dealt with and fixed at the time. The manager was adamant it was not.

He said he had no choice but to recommend it be considered at a disciplinary hearing given the serious problems it caused.

Kevin told his manager it felt like retaliation because he had raised a grievance against him, but his boss dismissed the suggestion.

Our representative felt the treatment of Kevin amounted to discrimination. It appeared a clear act of victimisation after he had complained of age discrimination.

Victimisation occurs when you are treated badly because you have made a complaint about any form of discrimination.

Ahead of the disciplinary hearing, Kevin was provided with witness statements to support the allegation.

The statements essentially focused on the IT issue and the problems it caused at the time. Apart from the manager’s witness statement none of the witnesses provided any evidence in relation to how Kevin dealt with the incident.

Our representative requested additional information from the employer about the allegation, and gathered evidence from Kevin that could support his case.

This included email exchanges between him and his boss at the time of the IT issue that clearly detailed the problems Kevin had resolving it and, crucially, that he eventually did so to the obvious satisfaction of his boss.

This evidence was presented to the disciplinary hearing chair to demonstrate the  action being taken against Kevin was one of victimisation.

It was asserted the timing of the allegations being raised was more than a coincidence and it was retaliation for the grievance.

Our representative maintained that even if the matter was not considered resolved at the time, the delay in raising it was unreasonable. This was because it was not in keeping with employment law and the ACAS Code of Practice, which make it clear disciplinary matters should be dealt with promptly.

The comprehensive presentation by our representative led to Kevin later being cleared of the allegation.

His manager was subsequently either moved or left the business. The reasons for his sudden departure were never confirmed.