'Unwanted conduct' | 'Back in your day' - the common phrase that may amount to ageism, according to a tribunal

Telling an older colleague “back in your day” could amount to an act of ageism, an employment judge has warned.

The declaration came following the tribunal case of Margaret Couperthwaite, who unsuccessfully sued for age discrimination, and had alleged a younger colleague had made the derogatory reference to her age.

Couperthwaite, who is in her 60s, had her claims dismissed, but not without the judge stating that such a phrase may amount to “unwanted conduct” - potentially paving the way for tribunal appeals surrounding similar speech in the future.

Couperthwaite had been working at Hilton Nursing Partners in Ashford, Kent, as a personal nursing assistant from December 2018. She had earned two promotions during her employment, but raised complaints after she wasn’t chosen for a further step-up to Team Leader in March 2021. Couperthwaite claimed her age had been a contributing factor in this decision..