A 16-year-old apprentice who was told he needed to become more mature by his boss successfully sued for age discrimination and has been awarded almost £8,000.
Callum Graham was offered a job as an apprentice joiner after an interview at building firm MHD Builders in Newcastle.
The post was for two years and included one day a week college day release. Callum turned down other job offers, but two months later was still waiting to start.
He was then told that they would not be able to take him on as they had lost a contract.
When he got legal advice and emailed boss Gareth Hynes to complain, saying he could take the firm to employment tribunal for breach of contract, he received a blistering reply.
Mr Hynes told him he had ‘a lot of maturing up to do’, that he had never signed a contract and he would tell other employers about his attitude.
Employment Judge Seamus Sweeney said: ‘The email is a nasty threat to scupper the Claimant’s opportunities by blackening his name among businesses in the industry in which he sought to work.’
But Callum had the last laugh after he followed through on his threat and was awarded £7,908 for breach of contract and age discrimination.
Employment Judge Sweeney said Mr Hynes was influenced by Callum’s youth.
He said: ‘I infer he would not make this particular threat to an older person – whether a job applicant or employee.
‘It is clear from the email that Mr Hynes was trying to teach the claimant a bit of a lesson.
‘He has arrogantly taken umbrage that such a young man, looking to start out in his career should send such an email asserting his rights.
‘He threatened to do him damage by undermining him before his attempts to secure an apprenticeship even got off the ground.
‘He treated the claimant less favourably because of his age. In doing so, he subjected him to a detriment.’
Callum, who was represented by his father Mark, applied to MHD Builders Ltd (Morton Hynes Developments) after seeing an ad on the government website.
It involved four days a week on the premises and one at Newcastle College. After impressing at an interview in June 2019 director Steven Morton asked him to start in August.
Callum accepted verbally and in writing – and even turned down other opportunities which came his way as he considered himself loyal to MHD.
But he became concerned when they did not get back. He eventually called Mr Hynes who said the college had to set up a health and safety meeting first.
A further month went by and he rang Mr Hynes again. On this occasion Mr Hynes told him the company was losing a contract and they might not be able to take him on.
He was later informed they had no work and he would be given a reference. He told them he felt he had been mistreated. Mr Hynes replied he was unimportant.
Callum emailed the company on 27 August 2019 after consulting ACAS for advice. A few hours later came Mr Hynes’s furious response.
He wrote: ‘Regarding your threat about the employment tribunal and wanting compensation we wish you the best of luck as there was no contract signed. I have spoken to my solicitor.
‘I have to say you have a really bad attitude problem on the phone and in this email. I genuinely tried to say that we have a company with large workforce and it doesn’t revolve around getting you a job.
‘We haven’t signed any contracts at all or even told you that you have secured a place with us.
‘We are well known in the construction industry around the north east and you will know a lot of the larger companies which we do work with.
‘I will of course have to now inform them of this email with your name and your threat, as I couldn’t now recommend you, which I had offered in the first place.
‘You have become someone that seems to be impossible to even employ by anyone, my personal opinion is you have a lot of maturing up to do and to also work on your attitude towards potential employers.’
Callum said he was ‘shocked and upset’. It has affected his confidence and caused him undue worry about his future career prospects.
He was put off pursuing his wish to be a skilled joiner and dejected by Mr Hynes’s aggressive and threatening tone.
He secured part-time employment with a supermarket earning more than £156 a week – which would have been his wage during the two-year apprenticeship.
The judge ruled: ‘On 21 June 2019 an offer was made by Mr Steven Morton for the claimant to start an apprenticeship on the terms already set out in the advert and as described at the interview.
‘Those terms were clear. I conclude that in making the offer Mr Morton intended the MHD to be bound by them.’
The company specialises in new builds and home improvements such as extensions, fitting kitchens and garden landscaping.
It was ordered to pay Callum £5,408 in lost earnings. A further £2,500 was awarded to him for age discrimination for which Mr Hynes and the firm are jointly responsible.
Neither the firm nor Mr Hynes attended the tribunal. The firm has been contacted for comment.
Get in touch with our news team by emailing us at webnews@metro.co.uk.
For more stories like this, check our news page.