Offering a chair to an older colleague has been deemed a potential breach of equality law in yet another example of workplaces going woke.

An employment tribunal found younger members of staff standing may amount to “less favourable treatment”.

The tribunal also found employers who offer a chair to elderly workers and not to less experienced peers could be breaking equality laws as the older employee could conclude they were being treated “disadvantageously”.

It was decided offering a chair to an older colleague could constitute a breach of equality laws after a 66-year-old recycling plant operative sued for discrimination when a colleague asked him if he wanted to sit down during his shift.

Filipe Edreira alleged his employers were trying to force him out and claimed he was being singled out as no one else at the site used chairs.

Despite the claim later being dismissed, the tribunal found he was given the chance to sit down because colleagues were concerned about his health.

The tribunal also concluded that the move was “unwanted conduct” that could have been discriminatory.

Employment judge David Faulkner said: “Given that we found it was an unusual thing to do, in our judgment [Edreira] could legitimately conclude that he was being treated differently to others and therefore disadvantageously.”

Edreira, who worked for Severn Waste Services in Worcester from December 2006 to October 2023, was the only employee older than 66.

Despite wanting to continue to work at the site, Edreira could not lift heavy objects following surgery.

Idris Buraimoh, his manager, “asked him if he wanted a chair when he had not asked for one”.

The hearing was told: “[Edreira] replied he did not want one.

“[Buraimoh] did not give a reason for the offer, though there was nothing unpleasant or rude about the way in which he asked the question.

“[Edreira] told us he believes Buraimoh was told to offer it – we assume by management – as part of [SWS]’s aim to get him to leave as someone who had reached age 66.

“[SWS] says it is commonplace to offer appropriate support which will help employees be more comfortable at work and that chairs are routinely offered to those on light duties or feeling unwell.

“It says that because shifts are 10 hours long it is not uncommon for people to need to sit, and that chairs can also be offered long-term as an adjustment for health reasons.”

However, the hearing was told that chairs have been offered to staff who need assistance, either for health concerns or pregnancy.

Edreira instead insisted employees were not allowed to sit down during their shifts and that he did not see anyone using a chair.

The tribunal eventually dismissed the now 68-year-old’s claim of age discrimination and harassment.

Employment Judge Faulkner concluded Edreira’s boss had been concerned with his health rather than his age.