It is generally considered safe to engage in casual conversations with coworkers about topics such as the weather or weekend activities. However, a recent employment tribunal ruling has brought to light a specific phrase that could lead to serious legal consequences: asking an older colleague about “back in your day.”
The tribunal judge deemed this age-related expression as potentially constituting unwanted conduct and a breach of discrimination law. The judge described it as a “barbed and unwelcome” remark that could be classified as such.
This ruling was made in the case of Margaret Couperthwaite, a nursing assistant in her 60s, who sued for age harassment. She alleged that a younger colleague had suggested that an operation would have been free under the NHS “back in her day.” While it was ultimately determined that the comment had not been made, the judge noted that it could have been considered unlawful.
The Equality Act 2010, passed under the Labour government of Gordon Brown, prohibits discrimination on the basis of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. Individuals who engage in discrimination or harassment based on these characteristics may face legal action.
There has been ongoing discussion regarding the varying work ethics of older generations compared to their Gen Z counterparts. Earlier this year, renowned actress Jodie Foster expressed her frustration with working with the younger generation, describing them as “annoying.” Foster criticized their attitudes towards work hours and attention to detail.
Metro.co.uk writer Louis Staples, who has managed Gen Z employees, responded to Foster’s remarks by highlighting that generational differences can be both amusing and frustrating. He suggested that perhaps the younger generation’s different approach to work could be seen as a judgment on older generations and their work habits.
Staples further emphasized that older generations should not take their workplace norms for granted, as they may be limiting themselves. He also pointed out that social media was not as prevalent when they entered the workforce, which may have spared them from criticism from previous generations.
