Age discrimination in employment tribunal judgments: Unveiling trends, challenges and solutions amidst the covid-19 pandemic

Ageism is a significant global problem which has been exacerbated by the Covid-19 pandemic. This article addresses an important gap in the literature by analysing 3241 age discrimination Employment Tribunal judgments over a 5-year period, which coincided with the Covid-19 pandemic. Using a qualitative case by case analysis and quantitative content analysis the article examines recent judgments from England and Wales to highlight their extent, nature, and outcomes. Despite reports of heightened ageism and age stereotyping and the use of ageist policies to control the Covid-19 pandemic, this research reveals no corresponding increase in successful age discrimination judgments. This research identifies new emerging trends, including an increase in judgments striking out claims for lack of active pursuit from 2021 to 2023, alongside a rise in judgments striking out claims for being out of time and also judgments for redundancy-related claims. The study emphasises the inadequacy of relying solely on individual enforcement to combat age discrimination, confirming previous findings of enforcement gaps, especially for younger workers. Furthermore, the study provides insights into the prevalence of age stereotypes, the inadequacies of the legal framework for addressing stereotypical assumptions and the risks associated with retirement discussions. Ageist stereotypes, such as linking age with job performance and retirement pressure, were prevalent throughout the study period, showing no significant changes throughout the pandemic. Overall, this research provides important insights into age discrimination judgments during Covid-19, emphasising the urgency of comprehensive strategies to address ageism effectively in the workplace.