Age Discrimination

Have you been discriminated against on the grounds of age?

The Employment Equality (Age) Regulations which came into force on 1st October 2006 prohibit discrimination on the grounds of age.

The Regulations give protection to those who believe that they are being unfairly treated at work because of their age.

If an employee feels they are being discriminated against on grounds of their age by their employer then that employee can make a claim to an Employment Tribunal.

If a Tribunal finds discrimination has taken place then an award of damages may be made. This may include an award for loss of earnings and/or injury to feelings.

The Regulations

The Regulations apply to all employees whatever the size of their employer and whether in the public or private sector.

The regulations make it unlawful on the grounds of age to:-

1. Discriminate directly - i.e. treat an employee less favourably than another because of their age, unless such treatment can be objectively justified.

2. Discriminate indirectly - i.e. to apply a criterion, provision or practice which disadvantages people of a particular age (unless it can be objectively justified).

3. Subject someone to harassment. Harassment is unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

4. Victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of age.

5. Discriminate against someone in certain circumstances after the working relationship has ended.

The Regulations will impact on all aspects of the employment relationship:

· Everyone has an age. The right to not to be discriminated against on grounds of age will apply to all employees regardless of their age. Younger employees can suffer from age based assumptions too.

· Discrimination can take place before employment. Employers who restrict recruitment opportunities (e.g. "the successful candidate will be aged 25-40") or use exclusive wording in their job advertisements (e.g. "young graduate required for ambitious new team") could be guilty of discrimination under the Regulations.

· Harassment will be unlawful. Employees do not have to accept age based jokes and tasteless birthday cards from colleagues if this behaviour is unwelcome.

· Contractual Issues. Age and service based terms and conditions may be unlawful if they are not clearly linked to rewarding loyalty, encouraging motivation or recognising the experience of employees.

· Retirement age. Retirement ages below the national default retirement age of 65 are likely to be unlawful.

· Minimum notice of retirement. Employers are required to notify all employees approaching retirement of their impending retirement date and their right to request to work beyond that date. Failure by the employer to give the required notice will trigger a penalty of up to 8 weeks pay.

· Right to request to work beyond retirement. Employees have the right to request to work beyond the default retirement age. If an employee exercises their right to make a request to carry on working the employer has to consider the request at a meeting and offer the employee a right of appeal if the request is rejected.

Discrimination in practice

There are a number of contexts in which the forms of discrimination discussed above can affect employees in the workplace: -

· Recruitment
· Advertisements
· Arrangements for offering employment
· Terms on which employment is offered
· Bullying and harassment
· Promotion, transfer and training
· Dismissal
· Post employment discrimination
· Retirement
· Pensions

Complaints to an Employment Tribunal

If an employee feels they are being discriminated against on grounds of their age by their employer then that employee can make a claim to an Employment Tribunal.

If a Tribunal finds discrimination has taken place then an award of damages may be made. This may include an award for loss of earnings and/or injury to feelings.

Our experience

Specialist discrimination lawyers from Brabners Chaffe Street LLP took part in the government consultation on the proposed Regulations. We are able to advise employees on all aspects of age discrimination

If you have suffered from discrimination in the workplace click here or if you are an employer facing legal action or needing advice click here

Types of Discrimination

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