The claimant, an 88-year-old hospital secretary, worked for the NHS Trust from 1991, when she was 61 years old, until her dismissal on 22 January 2017.

She has become the oldest person in the UK to win an age discrimination case after she was sacked when colleagues complained about her age and “frailty”.  She brought claims for unfair dismissal, discrimination on the grounds of age, disability discrimination and breach of contract.

In 2015, the Trust redesigned its administrative, clerical processes and structures that supported the patient pathway. The patient pathway is the Trust’s way of describing the route that a patient takes from first contact with the NHS – usually with the GP – to completion of their treatment. The claimant was informed that her role was changing from ‘medical secretary’ to ‘patient pathway coordinator,’ a change she did not receive adequate training for.

On return from annual leave she was advised that she was being placed on special leave, namely, suspended. She was notified that she was the subject of investigation and was asked to collect her belongings. She described the experience as humiliating and degrading.

She subsequently received a letter indicating the Trust was concerned with her capabilities. It stated: “We are concerned about your capabilities within your role due to a third serious incident in two years regarding 52-week breaches of the referral to treatment standard in the waiting list”.

However, the claimant said she had no idea what the first two serious incidents alluded to in the letter were, and the details of the third incident were not made clear to her other than it “related to a 52-week breach”.

The deputy patient pathway manager failed to carry out an interview investigating the matter and also collated and used feedback from the claimant’s colleagues against her, including information relating to her age and mobility, which the judge said  “inappropriate” and “discriminatory”.

The claimant unsuccessfully appealed the decision to dismiss her.

The tribunal ruled Jolly had been unfairly dismissed, and her discrimination claims on the grounds of age, disability discrimination and breach of contract also succeeded. The respondent failed to follow its own capability procedure. The manner in which the investigation meeting was set up was unfair and Jolly was not afforded an opportunity to challenge the evidence against her.  The training she received was inadequate, incomplete, was ad hoc and not directed, which in turn could have led to the mistake. The tribunal held the dismissal was not justified.
https://assets.publishing.service.gov.uk/media/5c541da9e5274a49487aef5b/Mrs_E_Jolly_v_Royal_Berkshire_NHS_Foundation_Trust-3324869-2017-Judgment.pdf