Worker, 66, wins discrimination case after boss told him he’d been around ‘as long as Pontius Pilot’

A longtime insurance worker has won an age discrimination case after his boss claimed he’s been around “as long as Pontius Pilate.”

Director Shirley Bellamy made the comment to David Finch as they negotiated a settlement agreement for him to leave her company, an employment court heard.

The 66-year-old — who had worked in the industry for “a lot of years” — found the comparison to Israel’s ancient Roman governor who ordered the crucifixion of Jesus Christ more than 2,000 years ago “humiliating and insulting.”

Ms Bellamy also asked him if he would take an afternoon nap as he fell asleep at work due to multiple health problems, and suggested that the heart attack survivor push his holiday forward as the Covid pandemic could prove fatal to him.

Mr Finch is now lining up for compensation after winning age and disability discrimination claims against firm Clegg Gifford & Co.

During the East London hearing, the insurance veteran was told that the insurance veteran had been working as a credit checker for the company at its Romford, Essex office, since it took over his previous employer.

The tribunal heard that he was “obviously very good” at his job, but suffered from diabetes and anemia, which made him drowsy from drugs.

The hearing was told that this sometimes caused Mr. Finch to fall asleep in the office, causing Mrs. Bellamy to repeatedly ask within earshot of others in early 2020, “Are you planning to take a nap this afternoon?”

Mr Finch found the comment “degrading and degrading,” the court was told.

In March of that year, Mr. Finch had to foreclose because of Covid. In a conversation about sick leave, Ms. Bellamy suggested that Mr. Finch put forward a planned vacation.

The tribunal heard her say to him, “You have to go on vacation now. Otherwise you might not be there in September or October.’

Mr. Finch thought Mrs. Bellamy meant he might be dead.

He emailed her: “To hear such a hurtful comment… has only added to the stress, anxiety and uncertainty about the current situation.”

In April, the government introduced the leave plan the company offered to many of its employees, including Mr Finch, which he accepted, with an alternative layoff.

A panel at the East London Tribunal Center (pictured) found that Ms Bellamy’s comments amounted to ageism and that no compensation amount has yet to be set

When employees were allowed to return to the office, Mr. Finch expressed concern about using public transportation and coming to the office as government guidelines suggested he stay at home.

In July, he told the company that he was allowed to return to the office, but might face problems using the limited public transport routes.

But in the same month he received a letter with a settlement agreement without prior consultation that also set out the conditions for dismissal.

Mr. Finch replied to Ms. Bellamy – who herself has worked at Clegg Gifford for 48 years – noting that the offer misstates his start date with the company and made a comment about his length of service.

She emailed back and said: “You have received the maximum amount of legal redundancy pay and we know you have been there since Pontius Pilate was… We will amend the necessary information and pass it on to you.”

During the hearing, Mr Finch was told that he refused to accept the proposed settlement and instead responded with a series of allegations against Ms Bellamy.

In response, the general manager demanded that he return to the office to fulfill his contract, at which point Mr. Finch resigned.

The tribunal upheld part of Mr Finch’s claim of victimization, constructive dismissal and part of his claim of age-related harassment.

In its verdict, the panel said: ‘It may be due to the longevity of’ [Mrs Bellamy’s] career, but it became apparent… that she has a complete lack of equality or diversity training.

‘The picture we have of’ [Mrs Bellamy] is that she can be somewhat thoughtless in the way she expresses herself and in ways that we have now discovered she can be at least insensitive at times.

‘The Labor Court is unanimous that the reference to Pontius Pilate can be objectively offensive. By analogy, it can be very offensive to a Christian.’

Asking Mr Finch whether he would take a nap was ‘cruel’, the panel found, and regarding the early holiday comment it added: ‘[Mr Finch] I clearly found that very hurtful and humiliating, given how life-threatening his disabilities were.’

The tribunal also found that Ms. Bellamy “forced his hand” and victimized him by demanding that he return to work after rejecting the settlement offer.

Overall, ‘these acts of discrimination were cumulatively serious enough to warrant’ [Mr Finch] by resigning and treating himself as constructively fired because of this discrimination,” it ruled.

A hearing to determine the amount of compensation Mr. Finch will receive will be held at a later date.