Agency & Lettings

Connells tribunal exposes age discrimination risk in agency equity schemes

Employment tribunal finds unlawful age discrimination in Connells share valuation. Former CEO received 46p for £420k stake; younger exec got £1.6m.

PBI NewsroomPublished Editorial direction by Jamie Adams and David Adams
Illustrative image: Connells tribunal exposes age discrimination risk in agency equity schemes

An Employment Tribunal has upheld age discrimination and unfair dismissal claims brought by David Livesey, former Connells Group CEO, against parent company Skipton Building Society. The judgment centred on share valuation: Livesey received 46p for shares he paid £420,000 for at age 64, whilst a younger executive received £1.6 million for a smaller stake. Judge R Wood found the "less favourable treatment" over the shares was not justified. A remedy hearing is scheduled for October 2026.

The ruling creates immediate exposure for agency groups operating equity schemes tied to retirement or age-based exit. Corporate principals, HR directors and compliance officers must now audit whether their share option, partnership exit or equity clawback terms differentiate treatment by age without objective justification. For agencies owned by building societies, banks or insurers, the judgment presents additional conduct risk under FCA and PRA governance standards.

What the tribunal found

David Livesey, now 67, served 16 years as Connells Group CEO and announced his retirement in 2023 aged 64. According to tribunal evidence reported by The Negotiator, Skipton Building Society sent Livesey a cheque for 46p for Connells shares that cost him £420,000. David Plumtree, a former group chief executive now aged 57, received £1.6 million for a smaller shareholding.

Judge R Wood upheld claims for unfair dismissal and age discrimination. A claim for bullying was rejected. Skipton Building Society stated all bullying claims were "decisively rejected" and said it is reviewing the full tribunal decision. The remedy hearing in October 2026 will determine compensation. Livesey originally filed a reported £7 million claim in June 2024, though the tribunal award may be substantially lower.

The judgment does not detail the share valuation formula or explain why the tribunal concluded age was the determining factor in the disparity. That gap matters. If the valuation was tied to retirement status, length of remaining service, or performance metrics that correlate with age, agencies using similar structures face equivalent risk.

Equity schemes under scrutiny

Many large agency groups use shareholder or equity partnership models to retain senior staff and align incentives. Exit terms typically reference retirement age, voluntary departure, or performance milestones. This judgment suggests that valuation mechanisms producing different outcomes for employees approaching or past 60 may breach the Equality Act 2010 unless objectively justified by legitimate business aims and proportionate means.

The tribunal did not find that differential treatment on grounds of age is always unlawful. It found that Skipton's treatment of Livesey was not justified in this case. That leaves room for agencies to defend exit structures based on tenure, role criticality, or financial performance, but only if those criteria are documented, applied consistently, and demonstrably unrelated to age.

For agencies with employee ownership or management equity schemes, the risk is highest where exit terms vary between individuals of different ages under similar circumstances. Boards and compliance officers should audit whether share buyback clauses, partnership exit multiples, or equity clawback provisions differentiate by retirement status or age thresholds without objective commercial rationale.

Regulatory pressure for building society owners

Skipton Building Society is regulated by the FCA and PRA under conduct and governance standards. Age discrimination findings against a subsidiary's parent may trigger regulatory review of board conduct, particularly if the treatment of a senior executive suggests wider governance failures.

Livesey has publicly called for FCA and PRA scrutiny, stating the findings "raise serious regulatory concerns about some of the most senior people at Skipton". There is no confirmation that regulators are investigating. However, building societies are subject to heightened expectations around fair treatment of staff and conduct risk. If the remedy award is substantial or if other claims emerge, regulatory interest becomes more likely.

For agencies owned by financial institutions, the judgment creates reputational and regulatory spillover. Conduct failures in a subsidiary can reflect on the parent's governance and risk culture, particularly where the parent directly controlled or approved the disputed policy.

What happens next

The October 2026 remedy hearing will determine the compensation award. If the figure approaches the reported £7 million claim, the case becomes a material precedent and a balance sheet risk for agencies with equity schemes. If the award is modest, the compliance exposure remains but the financial deterrent diminishes.

Either party may appeal to the Employment Appeal Tribunal. Skipton's statement that it is reviewing the decision suggests an appeal is under consideration. Until any appeal is resolved, the judgment stands as precedent for similar claims.

Agency leaders should:

  • Review share option, equity partnership and buyback agreements for age-related thresholds or retirement-linked valuation formulas
  • Document the commercial rationale for any differential treatment by age, tenure or role
  • Audit succession planning frameworks to ensure retirement discussions and equity exit terms do not create unlawful pressure on employees over 60
  • Engage employment law specialists to assess whether existing equity structures require revision

Trade bodies and employment law firms serving the agency sector have not yet issued guidance. Agencies should not wait. The judgment exposes a compliance gap in a common retention structure, and the cost of retrospective claims exceeds the cost of prospective policy change.

Source notes

This article was written from the trade reporting below. The analysis and the PBI Take are ours; we have not independently verified the underlying facts.