Age Discrimination
When we talk about discrimination in casual conversation, it’s often with respect to sex or race. Of course both of these sorts of discrimination are insidious and unpleasant when they occur, but there is another type of discrimination which is less talked about yet is just as hurtful and damaging – age discrimination.
First things first…
Legislation prohibiting age discrimination is set out in the Equality Act 2010. Neither employees nor potential employees should suffer less favourable treatment, or be disadvantaged by any conditions of employment, because of their age. Age discrimination can raise its ugly head in many ways and employers are simply not allowed to dismiss you, not hire you, treat you differently or prevent you from getting some contractual rights, e.g. redundancy, because of your age.
It’s important to note that it doesn’t matter how long you have worked for a company (i.e. there are no minimum time-in-service requirements), you can make a claim for age discrimination at any point.
So, with that said, what does legislation cover?
Age discrimination can take the following forms:
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
Let’s have a look at each type in a little more detail.
Direct Age Discrimination
Direct age discrimination can occur when an employer, or individual, treats another individual less favourably because of their age. A good example is if you are refused a promotion because it is believed you are too young.
It’s important to note that the law on retiring employees changed in April 2011. Now, if an employee has reached a particular age, whether it is 65 or any other age, it is unlawful for an employer to require an employee to retire (or cite that as the reason for refusing them employment because they’ve reached that age). However, it may be deemed acceptable if the employer can show that it was a “proportionate means to achieve a legitimate aim”.
Indirect Age Discrimination
Indirect age discrimination occurs when a provision, criterion or practice (e.g. a rule or a procedure) when universally applied has a disadvantageous effect on a particular group. For example, if an employer advertises a vacancy requiring applicants to have a certain amount of experience to be considered, this may have an impact on younger applicants. It might, therefore, be considered indirect age discrimination.
However, be aware that an employer may be able to justify an act of indirect age discrimination if it can show that the rule is a proportionate means of achieving a legitimate aim.
Harassment
Harassment can occur when the conduct of an employer, or one of their employees, has the purpose or effect of either violating another individual’s dignity, and/or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Harassment may occur in the form of offensive jokes about your age, or excluding you from social events, for example.
Victimisation
Victimisation, with respect to age discrimination, occurs when an individual is treated less favourably as a result of their making a complaint (or intending to make a complaint) about age discrimination or harassment. It can also occur when an individual is treated less favourably as a result of their giving evidence or information in relation to someone else’s age discrimination claim. So, for example, if you are denied promotion or training as a result of your involvement in an age discrimination complaint, then this may be considered victimisation too.
What should I do now?
If you think you have been the victim of age discrimination at work, the best thing is to take advice as soon as possible. We offer a free initial telephone consultation, so contact us now on 0800 304 7254.
