Differences vs Discrimination
We all have noises that drive us completely bonkers! Noisy eating? Speaker phone conversations in public? Strangers’ playlists on public transport? Yep, you’re cringing now just thinking about them. But what about in the workplace? When does noise become discriminatory?
Noisy disruption: an HR headache
An administrator at an electrical company deemed the noisy disruptions from her younger colleagues as ageist. The employee was 66 years old at the time, with most of her colleagues aged 20 – 30. Well, the team’s chatty co-working was perceived as unprofessional and personal harassment by the administrator, who said it was ‘difficult to watch the extreme time wasting and low productivity.’
The case went to a tribunal hearing in Watford. Heneom HR took a keen interest as it’s close to the Stevenage and Welwyn base of our HR services company. The tribunal agreed that there was a difference in attitude between the complainant and her colleagues. But did this disruptive behaviour constitute age discrimination? No.
What HR managers can learn
Inclusion, compliance, workplace dynamics, wellbeing … they’re all important ingredients of work culture.
Chatty, noisy, younger employees irritating older colleagues does not automatically count as age harassment under UK law. But there is a serious side to this.
The most common form of discrimination is ageism. Nearly one in seven (15%) people report feeling that their age was a factor for not getting some jobs they’ve applied for. One in 12 (8%) say they’ve experienced workplace discrimination based on their age. (Ciphr Workplace Discrimination Statistics, 2025)
While tribunals won’t call everyday irritation age harassment, ignoring workplace culture clashes will damage your business. It’s vital to act before it gets to that stage.
Don’t confuse differences with discrimination
People have different expectations about professionalism, noise and norms. Younger generations often embrace informal communication and social connection at work; older generations may prioritise quiet focus and structure. Those differences are not automatically unlawful.
While noisy disruptions may not be discriminatory, they do create workplace clashes that damage culture. ‘It’s important to be proactive and manage workplace issues before they progress to tribunals,’ says Emma Clack of Heneom HR. ‘You simply can’t rely on tribunals to tell you how to manage. They can be a costly learning curve and even if the decision goes your way, your reputation and workplace culture may already be damaged.’
Emma adds: ‘Workplaces aren’t always quiet, but they should always be respectful, principled and a reflection of your company culture. That’s the kind of people strategy that helps both productivity and people, creating a place where people want to work.’
People are human; relationships get rocky. If you need help with disciplinary hearings or formal grievance hearings, the friendly HR experts at Heneom HR are happy to help.
Enjoy an initial chat in plain English and without obligation. Let’s make sure your workplace is lawful, not awful.