Could noisy workplace culture create a “hostile” environment for older workers?

An employment tribunal has recently dismissed a claim for age-related harassment from an older worker, arising from what she regarded as a noisy and unprofessional workplace. Even though the claim proved unsuccessful, the ruling illustrates the problems that can arise from a clash of working styles in an open plan office.

Workplace disagreements are of course a common trigger for claims. What was different about this case was that the claimant, who had started working for the respondent at the age of 66, was by far the oldest worker in the office. She complained that her younger colleagues were noisy and acted unprofessionally by taking personal calls when they were supposed to be working.

She claimed that her colleagues’ behaviour had the effect of creating an “intimidating, hostile, degrading, humiliating or offensive environment” for her and therefore fell within the definition of harassment in the Equality Act. The tribunal dismissed her harassment claim, pointing out that while she may have perceived the conduct of her colleagues in that way, that perception was not reasonable. That meant that the statutory definition of harassment had not been met in this case. In addition, there was no evidence that the conduct of her colleagues was age-related.

The tribunal also dismissed related claims of constructive dismissal and whistleblowing (based on making disclosures relating to health and safety).

Although the hearing lasted for six days, the findings of fact in the written decision are relatively brief. That means we don’t know whether the employer failed to act on her complaints because it thought they were not factually correct, or because it considered they were not reasonable.

It is however easy to see how an isolated older worker could feel uncomfortable about the behaviour of more boisterous younger colleagues. Most employers would want to take steps to promote a workplace culture which achieves the right balance between social interaction and the need to concentrate on core duties. The statutory definition of harassment is certainly wide enough to extend to claims by older workers if – and this is a big if – they can prove the behaviour of their younger colleagues towards them is age-related.