If you believe your employer has treated you less favourably because of your age, please contact one of our solicitors for advice.
The laws concerning age discrimination (found in the Equality Act 2010) protect a wide range of individuals, including employees. They apply to all parts of the employment relationship, including recruitment, promotions and dismissals and training.
It is unlawful for an employer to:
- Discriminate directly by treating a job applicant or employee less favourably than others because of age without a good reason
- Discriminate indirectly by applying a provision, criterion or practice (PCP) that disadvantages job applicants or employees of a particular age group without a good reason
- Subject a job applicant or employee to harassment related to age
- Victimise a job applicant or employee because they have made or intend to make an age discrimination complaint
Age discrimination is permitted in certain circumstances. For example, an employer can:
- Dismiss an employee by reason of retirement, having followed the appropriate procedure (see Retirement).
- Provide service-related benefits, regardless of whether they seem indirectly age discriminatory. However, where benefits are affected by length of service over five years, it must reasonably appear to the employer that the award of the benefits fulfils a business need if indirect discrimination liability is to be avoided
- Pay younger workers less than the adult statutory minimum wage rate.
- Make enhanced redundancy payments related to age, as long as the enhanced scheme mirrors the statutory redundancy scheme.
- Show that there is an occupational requirement for an employee to be of a particular age.
- Use positive action, but not positive discrimination, to address existing inequalities.
If one employee discriminates against or harasses another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.
If a job applicant or employee is successful with an age discrimination claim, an employment tribunal will generally make an award of compensation (including a sum for injury to feelings). The tribunal may also (or instead) make a declaration as to the parties' rights and/or make an appropriate recommendation.
