Age Discrimination in Employment

If you need advice from Cambridge employment solicitors, call us on 01223 776200 or email enquiries@cambridgelegal.co.uk

We measure our lives in years so it is only too easy to make assumptions about others based on age.

It doesn’t matter if you are young or old or anywhere in between, it’s all relative. It becomes an issue when anyone is excluded from a work opportunity because of being too old or too young. If you are in work you may feel disadvantaged or treated differently because of your age or something closely connected with it. If the evidence is clear, you may be due compensation for suffering age discrimination.

Whatever your concerns, we will be pleased to discuss your case to decide the best course of action.

A pointer to age discrimination – stereotypes

Discrimination arises from stereotypes. Many are simply inaccurate. Some may be true as broad generalisations, but do not apply to everyone and may not apply to you. If your employer acts on a stereotypical assumption about you as a worker of a certain age, he or she will probably be guilty of unlawful age discrimination.

Common negative stereotypes about older workers are that they:

  • lack ambition
  • are resistant to change, less adaptable, inflexible
  • are slow to learn
  • are more prone to ill-health
  • have outdated skills
  • are interested in job security rather than performance
  • are more confident in asserting their employment rights
  • are old-fashioned and less liberal in attitudes

Common negative stereotypes about younger workers are that they:

  • are poor at time-keeping and attendance
  • lack a work ethic
  • are unreliable
  • are inexperienced
  • are over-ambitious and lack loyalty
  • are motivated by money

Common positive stereotypes about older workers are that they:

  • are more reliable, stable and responsible
  • work hard
  • have greater commitment and loyalty
  • have improved social and customer service skills
  • are more likely to think before acting
  • are better at handling difficult situations

Common positive stereotypes about younger workers are that they are:

  • enthusiastic
  • flexible
  • ambitious
  • keen to learn
  • physically fitter and have greater stamina
  • more liberal

Retirement

Age and employment were central to the abolition of the default retirement age. It’s not unusual to see older employment contracts that compel the employee to retire at a set age. Unless this is objectively justified, dismissal will amount to age discrimination. Additionally, retirement is no longer a potentially fair reason for dismissal. This means that if you are dismissed or forced to retire because of your age you may have a claim for unfair dismissal.

Unlawful age discrimination

The Equality Act 2010 makes age discrimination unlawful. It protects employees, job seekers and trainees. Related areas are also covered such as the award of qualifications, the services of careers guidance organisations, employment agencies and vocational training providers, including further and higher education institutions.

Workplace situations

Age discrimination may occur in any workplace situation including:

in the recruitment arrangements

by refusing to offer a job

in the terms of a job offer

in a worker’s terms and conditions including salary and bonuses

in making promotion decisions

in access to facilities and benefits, such as training and overtime

in disciplinary action

in redundancy or other dismissal

in post-employment references

Even the way your employer deals with grievances may be tainted by age discrimination.

Kinds of discrimination

The law is to protect and compensate you. There are four types of age discrimination: direct, indirect, harassment and victimisation.

Direct discrimination:  Happens when you are treated less favourably because of your actual or perceived age, or because of the age of someone with whom you associate. For example, selecting the oldest workers for redundancy because of their age is likely to be discriminatory.  A possible defence to direct age discrimination is where the employer’s act is a “proportionate means of achieving a legitimate aim” and the “legitimate aim” is of a public interest nature. This is not an easy defence for an accused employer.

Indirect discrimination: Is where there is a policy, practice or procedure which applies to all workers equally, but it particularly disadvantages someone of your age. For example, requiring all applicants to have worked in a particular industry for many years may disadvantage younger people. Indirect discrimination can only be justified if it is a “proportionate means of achieving a legitimate aim”.

Harassment: Is where you are subjected to conduct related to your age which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you. This could take the form of hostile and patronising remarks, teasing, offensive jokes, exclusion from team work and social activities, remarks about appearance linked to age, being made to do menial tasks and run errands, bullying, and making you want to leave.

Victimisation: Occurs where you are subjected to some form of detriment or unfair treatment because you have made or supported a complaint about age discrimination.

“It is very interesting that you can be very prejudiced about age and get away with it as a joke.”    Anna Ford

If you are looking for employment solicitors in Cambridge or advice about age discrimination, call us on 01223 776200 or email enquiries@cambridgelegal.co.uk