Age Discrimination in the Workplace

Age discrimination in the workplace has become an increasingly important issue, and was finally legislated for in the Employment Equality (Age) Regulations in 2006.

These Regulations protect you from age discrimination (for both old age and youth) in all aspects of your employment, including recruitment, terms and conditions, promotions, transfers, dismissals and training.

The Employment Equality (Age) Regulations 2006 removed the upper age limits for bringing unfair dismissal cases and claims for statutory redundancy payments.

It also made compulsory retirement illegal under the age of 65 unlawful unless it can be objectively justified by your employer. If you make a request to continue working beyond retirement, your employer is obliged to give this request serious consideration.

There are some situations that are exempt from age discrimination in the workplace legislation. For example:

  • Age-based methods for calculating statutory redundancy payments and unfair dismissal payments will remain.
  • Benefits which recognise length of service remain in place.
  • Schemes to reward loyalty and experience also remain.
  • The age discrimination in the workplace rules do not affect the age at which people can claim their state pension.

In addition, there are certain circumstances in which an employer can treat younger or older employees differently providing they can show that there is objective justification for this. For example, special provisions may be required in order to protect your health and safety if you are an older worker being employed by a construction company.

If you suffer any detriments as a result of having made (or intending to make) a complaint or allegation relating to your discrimination, you may have a claim for victimisation. You may decide to resign because you feel your position is no longer tenable as a result of the discrimination you have suffered, in which case you will have a potential claim for constructive dismissal.

If you believe that you are being discriminated against on the grounds of your age, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any age discrimination issues you may have. Please contact us for an initial free consultation.

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