Employment tribunal denies direct age discrimination


Re: Kelly v PGA (Case Number 3303967/2015)

An employment tribunal has found that a complaint of direct age discrimination made by Scott Kelly against PGA European Tour was not well founded and was dismissed. Mr Kelly, Group Marketing Director of PGA European Tour, claims he was sacked by the incoming Chief Executive, Keith Pelley, on grounds of age. The tribunal accepted however, that Mr Pelley’s reason for his decision was that he did not consider that Mr Kelly was capable of fulfilling the role he required. Mr Pelley had tried to procure an agreed termination and had suggested that be presented as retirement in order to preserve Mr Kelly’s dignity. Mr Kelly claimed that that was an indication that the reason for his dismissal was his age but the tribunal rejected that and held that the respondent had shown that the reason for Mr Kelly’s dismissal was not his age.

Paul Nicholls QC was involved in this case.